Landlord Waited Too Long to Collect Washing Machine Surcharge

Tenant complained of a rent overcharge when landlord started collecting a washing machine surcharge of $13.62 per month. Landlord said it began charging tenant when it discovered that she had installed a washing machine in her apartment. The DRA ruled against tenant. Tenant appealed and won. She said she had installed the washing machine in 1980, and landlord never previously sought the surcharge. Under DHCR Operational Bulletin 2005-1, landlords can collect an appliance surcharge if they begin collecting it within a reasonable time after the appliance is installed. Landlord waited 26 years before collecting the surcharge from tenant. This was too long. Landlord waived the right to collect the surcharge from tenant.

Beato: DHCR Adm. Rev. Docket No. UK410003RK (11/15/06) [4-pg. doc.]