Landlord Waived Washing Machine Surcharge

Rent-stabilized tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $1,000, including interest. The DRA also ordered landlord to stop billing tenant for a washing machine surcharge, which was the reason for the overcharge. Landlord appealed and lost. Landlord claimed that it was entitled to collect the appliance surcharge under DHCR Operational Bulletin 2005-1 and that it began charging it as soon as it discovered the washing machine in 2005. Tenant said that he installed the washing machine in 2002 before current landlord bought the building. It was highly unlikely that landlord wouldn't have discovered the washing machine for three years. Landlord waived the right to collect the surcharge by waiting too long.

Neighborhood West 126 Street LLC: DHCR Adm. Rev. Docket No. YL410023RO (8/23/11) [3-pg. doc.]