Landlord Waived Washing Machine Surcharge

Tenant complained of a rent overcharge because landlord charged him $13.62 per month for the use of a washing machine in the apartment. The DRA ruled for tenant. Landlord appealed, claiming it was entitled to collect the appliance surcharge. The DHCR ruled against landlord. Tenant showed that she moved into the apartment in 1973 and prior landlord never charged a washing machine surcharge. Although tenant didn't know exactly when she installed the washing machine, landlord bought the building in 2003 and knew or should have known from that point about the appliance. Landlord waited two years before charging the surcharge. This wasn't a reasonable time. Landlord had waived the right to collect the surcharge.

188 St. Nick Associates: DHCR Adm. Rev. Docket No. VE410038RO (7/13/07) [2-pg. doc.]