No Proof Prior Landlord Waived A/C Surcharge

Rent-stabilized tenant complained of rent overcharge baed on an air conditioner surcharge collected by landlord. Tenant claimed that she installed two air conditioners in 1987, long before landlord started charging her for them and that therefore landlord had waived any right to collect the increase. The DRA ruled against tenant, who appealed and lost. Landlord claimed that it discovered the air conditioners in 2010 shortly after it bought the building and immediately started charging tenant. And tenant submitted no receipts or other proof that the air conditioners had been installed so long ago.

Atkins: DHCR Adm. Rev. Docket No. CW610018RT (4/8/15) [3-pg. doc.]