Landlord Waived Right to Collect Air Conditioner Surcharge

Tenant complained of a rent overcharge. Landlord had started collecting an air conditioner surcharge from tenant. But the air conditioners had been in the apartment for over 20 years before landlord started collecting the surcharge. The DRA ruled for tenant, and landlord appealed. Landlord claimed that it bought the building in 1995, so it didn't know how long tenant had had the air conditioners. The DHCR ruled against landlord. Landlord waited four years after 1995 before charging tenant for the air conditioners. Also, since prior landlord had never collected the air conditioner surcharge, prior landlord had waived the right to collect it. And new landlord was bound by this waiver.

Jacobs: DHCR Adm. Rev. Dckt. No. OE110080RO (8/10/00) [2-pg. doc.]