No Proof of Prior $20 Washing Machine Surcharge

September 30, 2007

LVT Number: #19931

Tenant complained of a rent overcharge. He claimed that landlord charged $20 per month as a washing machine surcharge. Tenant argued that DHCR's Operational Bulletin limited the surcharge to $13.12. The DRA ruled for tenant and ordered landlord to refund any excess surcharge collected. Landlord appealed, arguing that DHCR permitted landlord to collect a $20 surcharge when this was landlord's practice before December 2000. The DHCR ruled against landlord. Landlord started charging tenant $20 per month on Oct. 1, 2001.

Tenant complained of a rent overcharge. He claimed that landlord charged $20 per month as a washing machine surcharge. Tenant argued that DHCR's Operational Bulletin limited the surcharge to $13.12. The DRA ruled for tenant and ordered landlord to refund any excess surcharge collected. Landlord appealed, arguing that DHCR permitted landlord to collect a $20 surcharge when this was landlord's practice before December 2000. The DHCR ruled against landlord. Landlord started charging tenant $20 per month on Oct. 1, 2001. So landlord didn't prove there was a prior practice in effect before December 2000.

Winfield Estates, Inc.: DHCR Adm. Rev. Docket No. VE410035RO (7/18/07) [4-pg. doc.]

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