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Air Conditioner Bracket Installation Question

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Re: Air Conditioner Bracket Installation Question

Postby TenantNet » Sun Jan 01, 2023 6:51 pm

On your second post...

Nothing was attached to your post. But remember from my post a few minutes ago, DHCR looks at questions of overcharge, not building safety. That would be DOB. DHCR has no jurisdiction over the physical installation of brackets or who does it, only if tenants are required to pay for it.

A tenant could argue (in the context of a court or DHCR proceeding) that if they hired a contractor to do the work, the LL might deem that as impermissible self-help and possibly a lease violation. It's been years, but I think Nestor v. Diamond looked at that issue. See https://casetext.com/case/nestor-v-diamond

I would say that this would call for the LL to do the work. A LL can't have it both ways.

But OTOH, the LL might claim the tenant is not allowed to have a) ACs in the building, or b) ACs in a particular window. I'm just looking at logical constructs of the mess. (you also get into issues of electrical capacity in poorly-wired buildings). For years, I had only 15 A. service for my entire apartment.

Will the individuals claiming that there is no law requiring a landlord in a Rent Stabilized building to install A/C brackets


This thread goes back 3.5 years, no one is going to do that. But your question is poorly worded. First, there are no "RS building." There are building that contain apartments subject to RS. The same buildings might also have RC and unregulated units. Would you call them RC buildings, or Free Market buildings?

Again, any requirement to install brackets is really a safety issue under DOB jurisdiction, not DHCR (and DOB is, in our opinion, ambiguous on this).

I am having trouble uploading documents to this site. I don't understand how your rules work. I have 2 scans on my desktop, but the attempts to either copy and past them, drop and drag, or upload have all failed
.

Email them to tenant -at- tenant.net

If this admin wishes to email me, I will send the scans to them. Otherwise, feel free to send an FOIL Request of your own to DHCR.


Again, FOIL is for documents that an agency already possesses. DHCR can and will offer Opinion Letters. Indeed we have over 200 such letters online. See http://www.tenant.net/DHCR_info/Opinion_Letters/

Might the DHCR FOIL/Subpoena office forward a request for an Opinion Letter to the proper office? Maybe. I usually send any such request to the DHCR Commissioner or the Deputy Commissioner, Office of Rent Administration (which I believe is still Woody Pascal). Generally they will send the requests to DHCR Legal for processing. My point is that an Opinion Letter is a new document based on a specific question and set of facts. Being new, it is not a document already within the possession of the agency. They usually respond in my experience; it's just not a FOIL. Allow me to quibble :) How many other places are open on New Year's?
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