No Tenant Consent for New Air Conditioner

August 31, 1995

LVT Number: 9978

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Tenant had moved into the apartment in 1961. In 1985 landlord began charging tenant $15.30 per month for a new air conditioner it installed at tenant's request. Tenant claimed this replaced a defective 22-year-old unit and that she didn't consent to a rent increase. The DHCR ruled against landlord. Under the rent stabilization code, landlord may collect a rent increase for new equipment only when tenant gives written consent.

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. Tenant had moved into the apartment in 1961. In 1985 landlord began charging tenant $15.30 per month for a new air conditioner it installed at tenant's request. Tenant claimed this replaced a defective 22-year-old unit and that she didn't consent to a rent increase. The DHCR ruled against landlord. Under the rent stabilization code, landlord may collect a rent increase for new equipment only when tenant gives written consent. Landlord was also obligated to maintain the prior air conditioner in working condition and chose instead to replace it.

Wallack Management Co.: DHCR Adm. Rev. Dckt. No. BD 420134 RO (4/12/95) [4-page document]

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