Landlord Waited Too Long to Collect Washing Machine Surcharge

December 1, 2007

LVT Number: #20054

Tenant complained of a rent overcharge after landlord starting charging him $13.62 per month for the use of a washing machine in 2005. The DRA ruled against tenant and found that landlord was entitled to a surcharge under DHCR Operational Bulletin 2005-1. Tenant appealed. He said he had moved into the apartment in 1973 and had a washing machine for 33 years. Prior landlord never collected any surcharge. The DHCR ruled for tenant. It was highly unlikely that prior landlord had no knowledge of tenant's washing machine after so many years.

Tenant complained of a rent overcharge after landlord starting charging him $13.62 per month for the use of a washing machine in 2005. The DRA ruled against tenant and found that landlord was entitled to a surcharge under DHCR Operational Bulletin 2005-1. Tenant appealed. He said he had moved into the apartment in 1973 and had a washing machine for 33 years. Prior landlord never collected any surcharge. The DHCR ruled for tenant. It was highly unlikely that prior landlord had no knowledge of tenant's washing machine after so many years. Prior landlord had waived the right to collect any rent surcharge for tenant's washing machine, and new landlord was bound by this waiver.

Arias: DHCR Adm. Rev. Docket No. VG410038RT (9/20/07) [3-pg. doc.]

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