Landlord Didn't Waive Air Conditioner Surcharge

LVT Number: #23569

Rent-controlled tenant complained after landlord increased her rent by $5 per month based on tenant's installation of an air conditioner. Tenant claimed that landlord waited too long to do so. The DRA ruled against tenant, who appealed and lost. Rent-control regulations permit landlords to collect an air conditioner surcharge from rent-controlled tenants, even if the unit had been installed some time ago. Unlike rent-stabilization rules, there is no waiver of the surcharge under rent control.

Rent-controlled tenant complained after landlord increased her rent by $5 per month based on tenant's installation of an air conditioner. Tenant claimed that landlord waited too long to do so. The DRA ruled against tenant, who appealed and lost. Rent-control regulations permit landlords to collect an air conditioner surcharge from rent-controlled tenants, even if the unit had been installed some time ago. Unlike rent-stabilization rules, there is no waiver of the surcharge under rent control.

Marks: DHCR Adm. Rev. Docket No. ZF420027RT (7/28/11) [3-pg. doc.]

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