New Landlord Can Collect Air Conditioner Surcharge
LVT Number: 14468
New landlord sued to evict rent-stabilized tenant for nonpayment of rent based on tenant's failure to pay an air conditioner surcharge. This surcharge was listed in tenant's first lease, but had been crossed off renewal leases by tenant. Prior landlord didn't attempt to collect the increase. The court ruled for landlord in part. Landlord couldn't collect any increase retroactively; prior landlord had waived it. But DHCR Operational Bulletin 84-4 allowed new landlord to collect the air conditioner surcharge, since it took action within a ''reasonable period of time.'' Landlord brought the court case within three months of buying the building.
R & R Marion LLC v. Santos: NYLJ, 9/20/00, p. 28, col. 2 (Civ. Ct. Bronx; Gonzalez, J)