Landlord Waived Air Conditioner Surcharge

Tenant complained of a rent overcharge when landlord tried to start collecting an air conditioner rent surcharge. The DRA ruled for tenant and found that landlord had waived the right to collect the surcharge. Landlord appealed, claiming that tenant had installed a second air conditioner for the first time in 2005. The DHCR ruled against landlord. Tenant claimed that she had the second air conditioner since at least 2000. Tenant's summer utility bills showed a somewhat greater electric usage for 2005 than for 2002 through 2004. But tenant's bills for summers in 2000 and 2001 were virtually the same as her 2005 bill. Tenant's claim therefore was believable. Since landlord had waited five years, it didn't impose the surcharge within a reasonable time, according to DHCR Operational Bulletin 84-4. Landlord therefore waived the right to collect the surcharge.

Buhre Realty Corp.: DHCR Adm. Rev. Docket No. VE610005RO (9/7/07) [2-pg. doc.]