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Old Wall A/C - LL Needs to replace

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

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Old Wall A/C - LL Needs to replace

Postby Bourdony874 » Thu Sep 10, 2020 12:53 pm

1956 Building with built -in wall AC's..With knowledge of LL replaced the non-working AC back ten years ago. Taken out now because not working properly .. Super says they cannot find the proper size wall unit to install new one.

Now have a 32" X 14 1/2" opening where old AC was...they say they can't get new one to fit and now Winter is coming and the cold will be like having a window open.

This is a studio..Fire escape on side of A/C..and I have a gate..so cannot put in a window unit.

How can LL fix this problem for me?
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Re: Old Wall A/C - LL Needs to replace

Postby TenantNet » Thu Sep 10, 2020 9:06 pm

To clarify, you don't say if this is rent stab apartment of not. 1956 would suggest it once was. Is it still RS, or was it deregulated? If the latter, have you looked to see if the LL made an illegal deregulation? The answer might depend in the status. Get a copy of the DHCR rent history, and also the 1984 registration with a list of the provided services (if not listed, that does not mean it was never there).

For RS units (or those where it's detailed in the original lease), if a service was provided on the base date (usually 6/30/74, the service must continue to be provided. (you should investigate to see also if electricity was provided).

Obviously, with a hole in the wall, you can show the unit was once provided. But what does your lease say about a provided AC? Your question is not clear. Did you remove the old AC ten years ago and replace it with a new one? Is that the one that is now not working? Please clarify all this.

Were you the one who replaced the broken unit? Did you get written permission?

Have you checked various online manufacturers to see the dimensions? Supers are notorious for lying on things like that.

There are places where you can get covers for AC holes. The LL should provide this (and of course, this does not mean he can get away with a working AC next year.).
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Re: Old Wall A/C - LL Needs to replace

Postby Bourdony874 » Thu Sep 10, 2020 9:43 pm

Can't find anything in the old leases, back to 1970 - and we are rent-stabilized. The A/C was part of the "allure" of the apt. then (1956) and yes it was part of the apt...not a new one put in...We pay electricity but not gas.

The LL was aware that old AC was not working and even gave him a copy of a letter stating that it was being replaced. Super claims that new ones were not put in when they stopped but that they were refurbished ones..That was then and why we got out own A/C.

Tenant d/s said water was coming down and old A/C was to be removed anyway since it had seen better days..Seems the water was filling up in the sleeve and filtering towards the d/s apt. Whatever holes there were to let the water run freely out of the sleeve were stopped up for lack of a better term.

Now, my son is willing to buy another one, if we can find one that will fit..it's been ten years since this one...What we don't see is movement to fix the sleeve so there is no more problem with water filtering down and cold air coming in.

Thank you for your help.
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Re: Old Wall A/C - LL Needs to replace

Postby TenantNet » Fri Sep 11, 2020 5:37 am

Moving this thread to the Rent Stabilized forum.
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Re: Old Wall A/C - LL Needs to replace

Postby TenantNet » Fri Sep 11, 2020 5:48 am

So if you are RS, this would be a provided services on or after the base date and the LL would be required to maintain the service.

That there's a hole in wall pretty much established the service existed unless the LL wants to argue the service was removed prior to the base date (should be 6/30/1974). But don't tell him that. Don't argue the "allure," argue the facts.

So if there's a letter on the replacement (was this the one from 10 years ago?), then he can't claim you took matters into your own hands. And I don't believe he can claim you waived the right to claim the AC as a LL-provided service ... but I don't know case law on something like that. A tenant lawyer should know.

Now, understand that with any appliance in a RS apartment, the tenant is entitled to one that is "working." Nothing says it has to be new. When you say you got a new one - and I presume you paid for it, did you actually buy one from a store, or did the LL and the LL charged you?

Now, whether or not the LL must provide this service and buy a new AC for you, the question of refitting the sleeve dimensions and the clogged-up water drain ... that is the LL's obligation.
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Re: Old Wall A/C - LL Needs to replace

Postby Bourdony874 » Fri Sep 11, 2020 9:40 am

Thank you for your responses..I am grateful.

And yes, we do have a copy of the letter . You have been a tremendous help.
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