Landlord Must Get DHCR Approval Before Collecting Surcharge

Rent-controlled tenant complained that landlord improperly collected a washing machine surcharge from her starting in 2007. The DRA ruled against tenant, who appealed and won in part. Tenant claimed that landlord had waived the right to collect the surcharge, since the washing machine had been in place in the apartment for a long time with no charge. But waiver of appliance surcharges applies only to rent-stabilized tenants, not to rent-controlled tenants. Once a prior installation comes to landlord's attention, landlord may collect the surcharge prospectively. But landlord can't collect the increase from rent-controlled tenant without first notifying the DHCR and getting its approval to collect the surcharge. So landlord may apply for the surcharge but must refund any surcharge collected prior to issuance of an order from the DHCR.

Almanzar: DHCR Adm. Rev. Docket No. BS420029RT (9/4/13) [3-pg. doc.]