Landlord Waived Right to Collect Appliance Surcharges

Tenant complained of rent overcharge. The DRO ruled for tenant and found that new landlord couldn’t charge tenant for her washing machine or air conditioner. Landlord appealed and lost. New landlord started billing tenant in October 2007 for appliances that tenant had installed in the late 1980s or early 1990s. New landlord had bought the building in 1988, and prior landlord previously waived in writing its right to interfere with tenant’s installation of the appliances. New landlord was bound by that waiver. And since landlord never actually collected any surcharge for the appliances, there was no overcharge.

105 Realty, Ltd.: DHCR Adm. Rev. Docket No. DV410034RO (3/8/16) [3-pg. doc.]