Tenant Removed Air Conditioner

LVT Number: 8537

Rent-controlled tenant complained of reduced services. Tenant had voluntarily removed her air conditioner after new windows were installed in her apartment. But landlord continued to charge tenant $2.00 per month for the air conditioner. The DRA ruled against tenant. A prior order adjusting the maximum rent stated that the air-conditioner charge would stay in effect until tenant moved out of the apartment. Tenant appealed, claiming that removing the air conditioner out of the window was virtually the same thing as moving out. The DHCR ruled against tenant.

Rent-controlled tenant complained of reduced services. Tenant had voluntarily removed her air conditioner after new windows were installed in her apartment. But landlord continued to charge tenant $2.00 per month for the air conditioner. The DRA ruled against tenant. A prior order adjusting the maximum rent stated that the air-conditioner charge would stay in effect until tenant moved out of the apartment. Tenant appealed, claiming that removing the air conditioner out of the window was virtually the same thing as moving out. The DHCR ruled against tenant. The prior order allows landlord to charge for the air conditioner whether or not tenant makes use of the service.

Levine: DHCR Adm. Rev. Dckt. No. CC 220417-RT (12/1/93) [2-page document]

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