Landlord Did Not Waive Right to Collect Appliance Surcharge

Landlord asked the DHCR for permission to collect a monthly surcharge from rent-controlled tenant because tenant had installed a washing machine in her apartment. The DRA ruled for landlord and ordered a rent increase of $13.62 per month. Tenant appealed and lost. Tenant claimed that she had lived in the apartment for 37 years and the washing machine was a service included in her rent. The DHCR said tenant admitted that she had installed the washing machine, so it wasn't a service included in tenant's rent. Landlord could collect the rent surcharge as of the first rent payment date after filing its application for the rent increase.

Divjak: DHCR Adm. Rev. Docket No. UD220035RT 7/27/06 [3-pg. doc.]