Landlord Can Start Collecting Washing Machine Surcharge

Tenant complained of rent overcharge based on a washing machine surcharge that landlord collected. The DRA ruled against tenant. Tenant appealed and lost. Landlord started collecting the surcharge in 2004, when it first became aware of tenant's washing machine. Under DHCR Operational Bulletin 2005-1, landlord can start collecting a washing machine surcharge prospectively, after discovering the appliance.

Occhuizzo: DHCR Adm. Rev. Dckt. No. TH610033RT (10/27/05) [3-pg. doc.]