Landlord Waived Appliance Surcharges

Landlord asked the DHCR for a ruling on its right to collect rent surcharges from rent-stabilized tenant for a window air conditioner and a washing machine. The DRA ruled that the right to collect any surcharges from tenant had been waived. Landlord appealed and lost. Tenant installed an air conditioner in 1991. When she moved to a different apartment in the building in 1995, she moved the air conditioner with her. Tenant later installed a washing machine in the apartment in 1999. Prior landlord never collected any surcharges for these appliances although it was entitled to do so. Since no surcharges were collected within a reasonable time after installation, landlord couldn't collect them at this point.

Hillside Place LLC: DHCR Adm. Rev. Docket No. YK120040RO (12/30/11) [6-pg. doc.]