Prior Landlord Didn't Charge Air Conditioner Surcharge

LVT Number: 16833

Tenant complained of an improper lease renewal. Landlord had asked for a $5 per month air conditioner surcharge with tenant's lease renewal. The DRA ruled for tenant and ordered landlord to offer a renewal lease without the surcharge. Landlord appealed and lost. Tenant had lived in the building for 32 years, and prior land-lord never imposed an air conditioner surcharge. So landlord waived any right to collect an air conditioner fee from tenant.

Tenant complained of an improper lease renewal. Landlord had asked for a $5 per month air conditioner surcharge with tenant's lease renewal. The DRA ruled for tenant and ordered landlord to offer a renewal lease without the surcharge. Landlord appealed and lost. Tenant had lived in the building for 32 years, and prior land-lord never imposed an air conditioner surcharge. So landlord waived any right to collect an air conditioner fee from tenant.

1520 St. Nicholas Ave. Realty Corp.: DHCR Adm. Rev. Dckt. No. RB410006RO (7/10/03) [2-pg. doc.]

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