Landlord Waited Too Long to Collect Washing Machine Surcharge

Rent-stabilized tenant complained of rent overcharge, claiming that landlord improperly collected a washing machine surcharge. The DRA ruled for tenant and found that landlord had waived the surcharge. Landlord appealed and lost. Under long-standing DHCR policy, a landlord waives the right to collect an appliance surcharge from tenant if it doesn't begin charging tenant for the appliance use within a reasonable period of time after discovering the existence of the appliance. Landlord claimed that it started collecting the washing machine a month after discovering the appliance in December 2010. But tenant showed that she had installed the machine in April 2005. Landlord waited too long to collect the surcharge.

1520, LLC: DHCR Adm. Rev. Docket No. CX610018RO (5/21/15) [4-pg. doc.]