Landlord Waited Too Long to Collect Surcharge

Tenant complained of a rent overcharge after landlord began charging a surcharge for tenant's installation of a washing machine in his apartment. Tenant claimed that landlord waited too long to collect the increase. The DRA ruled for tenant and revoked the increase. Landlord appealed, arguing that he started charging tenant prospectively in June 2005, shortly after he discovered the machine. The DHCR ruled against landlord. There was proof that tenant had a washing machine, in plain view, since at least 1990. Landlord had owned the building throughout that time, and there had been three supers working in the building since 1997. It seemed unlikely that landlord didn't discover the appliance for 15 years. Landlord waived the right to collect the appliance surcharge.

Stamford Property Corp.: DHCR Adm. Rev. Docket No. VK210094RO (3/14/08) [3-pg. doc.]