Landlord Can Collect Air Conditioner Surcharge

Landlord asked for permission to increase rent-controlled tenant's rent because tenant had three air conditioners that stuck out beyond the window line. The DRA ruled for landlord and granted a $5 rent increase for each unit. Tenant appealed and lost. Tenant claimed that he had installed the air conditioners 36 years ago and that landlord had waived the right to collect a rent increase. The DHCR said landlord couldn't collect any retroactive rent increase. But there was no waiver under rent control for the collection of this rent increase going forward.

Tranchese: DHCR Adm. Rev. Docket No. UB620014RT 9/27/06 [2-pg. doc.]