Landlord Can't Seek Air Conditioning Fee in Nonpayment Case

LVT Number: 16464

Landlord sued to evict rent-stabilized tenant for not paying air conditioner charges as additional rent. The court ruled against landlord. The DHCR exempts air conditioner fees from legal regulated rent. So landlord can't seek eviction for tenant's failure to pay the charge.

Landlord sued to evict rent-stabilized tenant for not paying air conditioner charges as additional rent. The court ruled against landlord. The DHCR exempts air conditioner fees from legal regulated rent. So landlord can't seek eviction for tenant's failure to pay the charge.

Michetti v. Potts: NYLJ, 3/26/03, p. 23, col. 2 (Civ. Ct. Kings; Sikowitz, J)