Landlord Can Collect Washing Machine Surcharge

June 30, 2011

LVT Number: #63464

Rent-controlled tenant complained of a rent overcharge after landlord started collecting a washing machine surcharge. Tenant claimed that he had a washing machine in his apartment for 40 years before current landlord started charging him for it. The DRA ruled against tenant and found that landlord was entitled to collect a monthly surcharge of $16.82. Tenant appealed and lost. Under rent control, there is no waiver of a legal rent surcharge for appliances. Landlord was entitled to collect the surcharge under DHCR Operational Bulletin 2005-1, Supplement 1.

Rent-controlled tenant complained of a rent overcharge after landlord started collecting a washing machine surcharge. Tenant claimed that he had a washing machine in his apartment for 40 years before current landlord started charging him for it. The DRA ruled against tenant and found that landlord was entitled to collect a monthly surcharge of $16.82. Tenant appealed and lost. Under rent control, there is no waiver of a legal rent surcharge for appliances. Landlord was entitled to collect the surcharge under DHCR Operational Bulletin 2005-1, Supplement 1. The surcharge was allowed because the appliance caused more heating and water costs to landlord.

Cano: DHCR Adm. Rev. Docket No. ZC420030RT (5/5/11) [3-pg. doc.]

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