Landlord Can Collect Surcharge for Second Air Conditioner

LVT Number: 18523

Tenant complained of a rent overcharge because landlord started charging her for a second air conditioner installed three years earlier. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Landlord claimed that it started collecting a surcharge for the second air conditioner as soon as it was discovered. Tenant didn't have sufficient proof to rebut this claim. Landlord was entitled to collect the surcharge.

Tenant complained of a rent overcharge because landlord started charging her for a second air conditioner installed three years earlier. The DRA ruled against tenant, finding no overcharge. Tenant appealed and lost. Landlord claimed that it started collecting a surcharge for the second air conditioner as soon as it was discovered. Tenant didn't have sufficient proof to rebut this claim. Landlord was entitled to collect the surcharge.

Chiu: DHCR Adm. Rev. Dckt. No. TG410082RT (10/19/05) [2-pg. doc.]

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