A/C charges -- LL wins again

[ELLENC123]

Again, thanks for your help. Looks like the LL will win out. If we challenge his double-charging us for a/c from Nov. to April -- DCHR could tack on an additional sum of money to our rent which will stay as part of our rent for lease renewals, etc., and then come June, LL can start charging us the Rent Stabilization charges of $19+ per air conditioner per month on top of the raise that we may get for the initial challenge of double-charges. Seems fruitless to fight the double-charges and end up just getting our rent raised -- and in June the LL will start charging the $19+ per a/c per month anyway.

I again thank you.

[consigliere]

Have the tenants been given rent stabilized leases since leaving the Mithchell-Lama program? If so, do the leases reflect air conditioner electricity as part of the rent, at the Mitchell-Lama rate, and as included services?
 
You should challenge the lease with DHCR if the lease doesn't incorporate the air conditioner electricity, at the Mitchell-Lama rate, in the rent and as an included service, citing Advisory Opinion 91-2.
 
The tenants should organize to challenge what the landlord is trying to do. There's a lot of money involved here, year after year, and it might even be worth retaining an attorney.
 
DHCR Advisory Opinion 91-2 seems very clear on this issue, and has been effect for twelve years. It seems reasonable and I doubt that the landlord will have any success challenging it.
 
I think you're being overly pessimistic about this issue.