Landlord Waived Washing Machine and Air Conditioner Surcharges

Rent-stabilized tenant complained of rent overcharge after new landlord started charging her for use of a washing machine and two air conditioners in the apartment. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Tenant claimed that she'd had the appliances for 17 years and that prior landlord never charged her a fee. Tenant also submitted a sworn statement from someone who stated he had installed the washing machine and two dryers in tenant's prior apartment in the building, and that he installed the same appliances in her new apartment in 2003 when she transferred units. Landlord argued that tenant never showed she got prior landlord's permission to install the appliances. But there was proof that tenant installed the units in 2003 and that prior landlord collected no surcharge. New landlord didn't begin collecting surcharges within a reasonable time after the installations. So any rent surcharge was waived.

601 West 162 Associates LP: DHCR Adm. Rev. Docket No. FQ410044RO (11/16/18) [4-pg. doc.]