Landlord Properly Collected Appliance Surcharges

Rent-stabilized tenant complained of rent overcharge in 2017. He claimed that landlord improperly charged him air conditioner and washing machine surcharges since 2009. Tenant had moved into the apartment in 2000. The DRA ruled against tenant, finding that landlord started collecting the surcharges after discovering the appliances in 2009, and that tenant didn't object until 2017.

Tenant appealed and lost. The Rent Stabilization Code and DHCR Operational Bulletins permit landlord to charge washing machine and air conditioner surcharges within a reasonable time after landlord discovers appliances in an apartment. Landlord submitted credible proof that it discovered the washing machine during apartment inspection in March 2009 and began billing tenant in April 2009. Tenant didn't refute this claim and submitted no proof that the appliances were installed or in use at any time prior to landlord's inspection. The fact that there was no reference to these appliances in tenant's lease with prior landlord didn't waive landlord's right to collect the surcharges.

Nyame: DHCR Adm. Rev. Docket No. HM610006RT (12/23/19) [3-pg. doc.]