Landlord Didn't Waive Right to Washing Machine Surcharge from Rent-Stabilized Tenant

Rent-stabilized tenant complained to the DHCR of rent overcharge. The DRA ruled for tenant in part, and directed landlord to refund a total overcharge with interest and triple damages totalling $4,714. But the DRA found that landlord was entitled to collect a washing-machine surcharge in addition to the legal regulated rent.

Tenant appealed and lost. A landlord is entitled to charge a washing machine surcharge to a rent-stabilized tenant if it begins charging within a reasonable time after learning about the installation. Here, landlord had included the surcharge in tenant's 2013 renewal lease. Rent bills and ledgers in the record also showed that the surcharge had been separately charged since 2013, and the separate charge had been registered with the DHCR since 2013. Tenant argued that landlord waived its right to collect the surcharge. But a waiver involves the possession of a right and the failure to exercise that right. Clearly, landlord had never stopped enforcing its right to collect the surcharge in question. There was no requirement that the surcharge be stated separately in each lease subsequent to the base date lease. 

Espinal: DHCR Adm. Rev. Docket No. LQ410014RT (8/7/23)[2-pg. document]