Landlord Didn't Waive Right to Collect Appliance Surcharges

Rent-stabilized tenant complained of rent overcharge based on landlord's collection of rent surcharges for a washing machine starting in 2011 and an air conditioner starting in 2013. Tenant claimed that he had those appliances for at least 30 years without charge and that landlord therefore had waived the right to collect the surcharges. Landlord claimed that it didn't discover the appliances until there was water damage in other apartments. Tenant's 1985 lease barred installation of washing machines. The DRA asked tenant for proof of purchase for the units, but tenant had no receipts, claiming that they were too old. The DRA ruled against tenant. Landlord was entitled to collect $20.76 per month for the washer and $5 for the air conditioner. Tenant appealed and lost. Tenant didn't prove when the appliances were installed, and landlord started charging for them not long after discovering them.

Fuentes: DHCR Adm. Rev. Docket No. FR610007RT (9/15/17) [5-pg. doc.]