Landlord Can Collect Air Conditioner Surcharge

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent based on tenant's installation of four air conditioners. The DRA ruled for landlord. Tenant's rent was increased by $5 for each unit for a total increase of $20 per month. Tenant appealed and lost. Tenant claimed that he installed the units in 1969. Since landlord didn't seek any rent increase until 2011, it had waived the right to collect it. But rent control regulations permit adjustment of the maximum rent for an increase in services. Landlord's permission for the installation of tenant-owned air conditioners was a service that entitled landlord to a rent increase. DHCR Operational Bulletin 84-4, Supplement 1, permits collection of the $5 monthly increase for each air conditioner. Under rent control, there is no waiver of landlord's right to collect the air conditioner surcharge prospectively.

Littwin: DHCR Adm. Rev. Docket No. ZK420015RT (4/3/12) [4-pg. doc.]