No Charge Allowed for Reinstalling Tenant's Air Conditioner

LVT Number: 17689

Tenant complained of a rent overcharge. Landlord collected a charge from tenant for reinstalling tenant's window air conditioner. Landlord had removed the unit to do building facade work. The DRA ruled for tenant and ordered landlord to refund the reinstallation charge. Landlord appealed and lost. Landlord hadn't collected any air conditioner charge from tenant previously. And there was no provision in the law to charge tenant for reinstalling an air conditioner that was removed so landlord could comply with facade-work law.

Tenant complained of a rent overcharge. Landlord collected a charge from tenant for reinstalling tenant's window air conditioner. Landlord had removed the unit to do building facade work. The DRA ruled for tenant and ordered landlord to refund the reinstallation charge. Landlord appealed and lost. Landlord hadn't collected any air conditioner charge from tenant previously. And there was no provision in the law to charge tenant for reinstalling an air conditioner that was removed so landlord could comply with facade-work law.

Bronxwood Square LLC: DHCR Adm. Rev. Dckt. No. SI610010RO (9/21/04) [3-pg. doc.]

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