Landlord Waived Right to Collect A/C Surcharge

LVT Number: #31309

Rent-stabilized tenant complained of rent overcharge in 2016. Tenant claimed that he had bought and installed an air conditioner in his apartment some time ago and that current landlord only recently started charging him $5 per month as an air conditioner surcharge. Tenant claimed that landlord had waived any rent increase for the air conditioner. The DRA ruled against tenant, and noted that landlord need not list an air conditioner surcharge on tenant's leases. Also, the surcharge didn't become part of the base rent for computing other rent-stabilized rent increases.

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