Air Conditioner Charges/Another Question

[ELLENC123]

So now I know that under Rent Stabilization the LL can charge monthly for air conditioners. However, our building went under Rent Stabilization in late October of this year being bought out from Mitchell Lama. Tenants were charged in May of this past year (under Mitchell Lama) a $110 once a year charge per air conditioner. So, that means that starting in October of this year the LL is now charging again on a monthly basis for a/c charges that we already paid in May. Anyone have any feedback on this one?

Also, the LL said our Mitchell Lama leases remain in effect until they become due for renewal (each tenant comes due for renewal at different dates). Don't we have any protection under the Mitchell Lama leases.

Thanks guys -- any help you can give would be appreciated.

[consigliere]

If the owner is still the same under rent stabilization as under Mitchell-Lama, the solution is easier, but your rights are the same even if there's a new owner.
 
Your Mitchell-Lama lease is valid until it expires. Therefore, the $110 you paid in May, under Mitchell-Lama, should cover the air conditioning charges under rent stabilization, until the lease expires.
 
The real question is: what period did the $110 cover? Was it May through April, June through May, or some other period?
 
Once the Mitchell-Lama lease expires, the DHCR-determined rate for rent stabilzation will apply, effective the next October. There may have to be some pro-rating of the amount you previously paid at the Mitchell-Lama rate.
 
Perhaps DHCR has already dealt with this issue for another development that has bought out of the Mitchell-Lama program, and can offer some guidance.