Charges for A/C: LL's right to collect

[IlyaP.]

Our original lease lists all the utilities, including the gas and electricity, as a part of rental. No modifications were added into a renewal lease. However, all of a sudden the LL started charging a monthly charge (all year round) for the A/C. The Tenants' Coalition notified each and every tenant of illegality of such charge. Is this correct? No A/C was installed by the LL, and no new tenancy is involved. Thank you for your help

[Cranky Tenant]

You probably need to go over your lease and see if there's any provision for an A/C charge. If there is, and the LL never bothered to enforce it, he may be entitled.

On the other hand, if there's no provision in the lease, and the apartments are rent stabilized, the LL has to abide by the original terms.

[IlyaP.]

Thanks for your reply. I read my lease in detail. Nothing is being written about the A/C. However, I am in receipt of a 3-day notice for failure to pay rent. I tried to reach the LL but no one has returned my phone calls. It'll probably go to the Civil Court and I am a bit hesitant whether I have a good position to argue against these charges. In one of the factsheets issued by the DHCR it's said that the LL MAY impose such charges but it does not clarify under which circumstances. I called the DHCR and they advised that the charge per A/C is about $20-22/mo. I am being charged $82.00. Something is fishy.

[Cranky Tenant]

Interesting. Until earlier this year my monthly ConEd bill for gas and electric was less than $82.50 per month..

This summer, when I had my air conditioner on practically 24/7, and summer rates were in effect , my total ConEd bill hit $140, which was considerably higher than last year. It would be interesting to know what your LL bases this AC charge on.

If you're Rent Stabilized, and there's no provision in your lease for an AC charge, and the LL hasn't provided you with an air conditioner, I don't see any way he could be entitled to any AC charge.