Landlord Waived Appliance Surcharges

Rent-stabilized tenant complained of a rent overcharge because landlord began collecting appliance surcharges in 2003, long after tenant installed an air conditioner and washing machine in 1975. The DRA ruled for tenant and revoked the surcharges. Landlord appealed and lost. Landlord claimed that tenant had removed a washing machine in 2003, reinstalled it in 2007, removed it again in 2008, and reinstalled it again in 2009. Landlord argued that it started collecting the surcharge within a reasonable period of time of each reinstallation and didn't charge tenant during periods when this appliance was removed. But the date of the original installation is crucial under Rent Stabilization Code Section 2522.9 in determining landlord's right to collect appliance surcharges. Landlord didn't submit any proof rebutting tenant's claim that the initial installations took place in 1975. Since prior landlord waived the right to collect the surcharges in 1975, current landlord couldn't collect them now.

Vranoc Realty Corp.: DHCR Adm. Rev. Docket No. ZH410010RO (11/27/12) [3-pg. doc.]