Landlord Must Refund Tenants' Payment for Air Conditioner Reinstallation

Tenants complained of a rent overcharge. They sought reimbursement in the amount of $55 per air conditioner for reinstallation of units they owned after they had to remove the units when landlord replaced apartment windows. The DRA ruled against tenants because their leases provided that tenants were responsible for installation of air conditioners. Tenants appealed and won. Where tenants install air conditioners with landlord's consent, tenants' right to maintain the unit becomes a required service included in the rent that landlord can't modify or discontinue without benefit to tenants. Since landlord consented to tenants' air conditioner installations in the first place, landlord must remove and reinstall the units at its own expense when any exterior work requires such removal and reinstallation.

Block/Grand: DHCR Adm. Rev. Dckt. Nos. FK610465RT, FD610075RT, KD610020RP (9/18/96) [2-page document]