Rent Hike Granted for Tenant's Four Air Conditioners

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent. Landlord claimed that tenant had six air conditioners in his apartment. The DRA ruled for landlord and increased tenant's rent by $20 per month. Tenant appealed, claiming that landlord had waived the right to collect the surcharge. The DHCR ruled against tenant. DHCR inspection showed that tenant had six air conditioners. Four of the units extended beyond the window line. Landlord was entitled to collect $5 per month for each of these units. Under rent control, landlord doesn't waive the right to collect air conditioner surcharges prospectively after the DHCR approves the increase.

Kapon: DHCR Adm. Rev. Docket No. VJ420011RT (6/6/08) [3-pg. doc.]