Did Landlord Waive Right to Collect Surcharge?

Tenant complained of a rent overcharge after landlord started collecting a washing machine surcharge in 2005. The DHCR ruled for tenant, finding that prior landlord had waived the right to collect the surcharge by waiting too long. The DHCR found that tenant had maintained a washing machine in the apartment for at least 20 years. Landlord appealed, claiming that the DHCR's decision was unreasonable. Landlord said that there was overwhelming proof that neither landlord nor prior landlord knew that tenant had a washing machine until 2005. And in a similar case involving another apartment in the same building, the DHCR had found that landlord could collect the appliance surcharge. The court sent the case back to the DHCR for reconsideration and the DHCR ordered a hearing to determine whether landlord or prior landlord knew about tenant's washing machine for long enough to have waived the surcharge.

520 West 183rd Street: DHCR Adm. Rev. Docket No. XC410007RP (4/29/09) [3-pg. doc.]