Landlord Can Collect Washing Machine Surcharge

Rent-controlled tenant complained of a rent overcharge based on landlord's collection of a washing machine surcharge. The DRA ruled against tenant and found that landlord could collect $16.82 per month for tenant's washing machine. Tenant appealed and lost. Tenant claimed that landlord waived any right to collect the surcharge by waiting too long to do so. Tenant installed the washing machine in 1967 and no surcharge was charged until 2007. Under rent stabilization, a landlord waives the right to collect an appliance surcharge if it fails to do so within a reasonable time. But this waiver doesn't apply under rent control, although no retroactive surcharge can be collected. Landlord was entitled to collect the washing machine surcharge from tenant.

Lisanti: DHCR Adm. Rev. Docket No. AN620001RK (4/18/12) [4-pg. doc.]