Tenant Must Maintain His Own Air Conditioner

Tenant complained of a decrease in required services. Tenant claimed that landlord wasn't maintaining his air conditioner. Tenant said he'd paid added rent for the air conditioner since 1964. But landlord had put a clause in his lease in 1975 stating that tenant was responsible for maintaining the appliance. The DRA ruled for tenant and reduced his rent. Landlord appealed, and the DHCR ruled for landlord. Tenant didn't complain to the DHCR until eight or nine years after he'd bought his own air conditioner. There was no proof that landlord was asked to make repairs or given an opportunity to do so before tenant had replaced landlord's air conditioner. Tenant was responsible for the maintenance and repair of his own air conditioner. The DRA's order that landlord repair the unit was revoked.

Giles Properties Co.: DHCR Adm. Rev. Dckt. No. DF 610197-RO (11/10/93) [4-page document]