Mitchell Lama/Rent Stabilization A/C Charges

[ELLENC123]

Thank you again Consigliere. What makes this so confusing is that the air conditioner rates for Mitchell Lama and Rent Stabilization are different. For Mitchell Lama it was a flat $110 per air conditioner per year -- under Rent Stabilization it is $20 per air conditioner per month (a lot more than what was paid under Mitchell Lama). So, we don't have that choice to go back to paying $110 per year since we are out of Mitchell Lama. DHCR advises tht the Advisory Opinions do not cover our situation and that we would have to file the challenge form.

But, as you brought out, I am not sure that if we do challenge the double charge, will DHCR tack on the extra, say, $9.l7 per month to our rent for ever and ever. Will we, in essence, be the loser in the end.

I am on the tenants committee and am trying to get the correct information so that I can give the tenants the right advice.

[consigliere]

DHCR Advisory Opinion 91-2 seems to indicate that charges for electricity used by existing appliances like air conditioners are to become part of the base rent, at the Mitchell-Lama rate.
 
In New York City, the charge for electricity used by appliances installed after the the base date are to be surcharges, at the rent stabilized rates.
 
I think you and the other tenants should file an overcharge complaint with DHCR. Although an annual payment for air conditioner electricity is unusual, it could be converted to a monthly amount.
 
Furthermore, rent regulation in New York City began in 1943. Over the past sixty years, various rent practices have been followed by landlords and tenants, such as a certain month of the year being rent-free (a rent concession).
 
In fact, I believe that DHCR or other rent regulatory agencies used to allow the charges for air conditioner electricity to be billed during the six months when they would most likely be used. Now the charges are billed over the full twelve months of the year, with the rate changed in October of each year.