No Proof Landlord Entitled to Collect Air Conditioner Surcharge

Tenant complained of rent overcharge based on an air conditioner surcharge collected by landlord. The DRA ruled for tenant. Landlord appealed and lost. While DHCR Operational Bulletin 84-4 allows landlords to collect a surcharge for additional electricity if tenants install air conditioners, claims by landlord and tenant were contradictory and landlord didn’t prove it was entitled to the surcharge. Landlord also wasn’t entitled to collect a surcharge for electricity used in connection with a refrigerator or TV antenna. The DRA correctly ordered landlord to refund surcharges paid by tenant.

Skyview Acquisition LLC: DHCR Adm. Rev. Docket No. ET610014RO (2/8/17) [4-pg. doc.]