No Waiver of Washing Machine Surcharge

Rent-controlled tenant complained of a rent overcharge after landlord began billing her for a washing machine surcharge in 2011. The DRA ruled against tenant, finding that landlord was entitled to collect $16.82 for the washing machine. Tenant appealed and lost. Tenant claimed that she had had a washing machine in her apartment since 1987 with landlord's knowledge and consent. She argued that landlord waived the right to collect any washing machine surcharge permitted under rent control. But unlike rent stabilization, there is no applicable waiver of the appliance surcharge under rent control, except that landlord couldn't collect the surcharge retroactively.

Lisanti: DHCR Adm. Rev. Docket No. ZJ620029RT (11/18/11) [3-pg. doc.]