Landlord Waited Too Long to Collect Appliance Surcharge

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant, finding that landlord's late fee charges were excessive and that landlord had waived the right to collect a washing machine surcharge from tenant. Landlord appealed and lost. Tenant had claimed that her washing machine was installed in 2003 by the building's super and that she had to pay landlord $85 for the installation. Tenant submitted a copy of a money order in that amount dated Oct. 10, 2003, and made payable to landlord. Landlord didn't start collecting the washing machine surcharge until nine years later, in 2012. Given the passage of time, landlord had waived the right to collect the surcharge. As to the late fee, landlord charged $25, but tenant's lease permitted only a $15 late fee.

Macombs Place LLC: DHCR Adm. Rev. Docket No. EV610058RO (9/14/17) [3-pg. doc.]