Landlord Waited Five Years to Collect Air Conditioner Surcharge

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that it was entitled to collect $20.74 per month per unit for each of the five air conditioners installed by tenant, in violation of his lease. The DHCR ruled against landlord. Although the DHCR's Operational Bulletin 84-4, as amended, permits collection of the amount claimed by landlord, landlord waited five years to start collecting the surcharge. It is the DHCR's policy that the air conditioner surcharge must be collected within two years of the installation or else it is waived.

AVJ Realty Corp.: DHCR Admin. Rev. Dckt. No. PE410032RO (12/4/01) [3-pg. doc.]