Landlord Can Replace Wall-Sleeve Air Conditioner

Landlord asked the DHCR for permission to seal an air conditioning sleeve in the wall of tenant's apartment and provide tenant with a window air conditioner. The DRA ruled for landlord. Tenant appealed, claiming that landlord wasn't required by any building code to seal the air conditioner sleeve. Tenant also argued that putting an air conditioner in his window would reduce natural light to the apartment and that landlord should pay for a portable air conditioner that didn't have to be placed in the window. The DHCR ruled against tenant. Landlord showed that it obtained a permit from the New York City Landmarks Preservation Commission to seal the air conditioner sleeve. The Landmarks Commission had directed landlord to restore the building walls to their original design by removing the wall air conditioner. The DRA properly ruled that substituting a window air conditioner for the wall unit was sufficient and didn't require a rent reduction.

148 Clinton Street: DHCR Adm. Rev. Docket No. TI210059RT (9/24/07) [3-pg. doc.]