No Rent Overcharge for A/C Surcharges Collected Since Base Rent Date

Rent-stabilized tenant complained of rent overcharge, claiming that landlord collected an excessive air conditioning surcharge. The DRA ruled against tenant, who appealed and lost. Tenant claimed fraud by landlord because it charged the air conditioner fee twice, one in tenant's 1983 vacancy lease and later, as an additional rent increase. The DHCR found that the initial air conditioner fee found in tenant's vacancy lease was the monthly air conditioner fee at that time. Later fees charged to tenant were consistent with the rates set in updates to DHCR Operational Bulletin 84-4. In any event, the DHCR wasn't required to look back more than four years in this case. The rent for tenant's rent-stabilized apartment was well below the deregulation threshold, and there was no proof of a fraudulent scheme to deregulate the apartment. The DRA properly reviewed only air conditioner surcharges collected since the base rent date.

Ralin: DHCR Adm. Rev. Docket No. FO110023RT (11/7/17) [3-pg. doc.]