Prior Landlord Waived Appliance Surcharges

Rent-stabilized tenant complained of a rent overcharge after landlord began collecting an appliance surcharge for a washing machine and air conditioner installed in tenant’s apartment before landlord bought the building. The DRA ruled for tenant and ordered landlord to refund the surcharges collected. Landlord appealed, claiming that it first discovered the appliances shortly after buying the building in December 2005. But tenant claimed that she had the appliances since 1982, shortly after she moved into the building and without objection from prior landlord. It was highly unlikely that tenant could have hidden the appliances from prior landlord, so it appeared that any surcharges had long been waived by prior landlord. Landlord was bound by that waiver.

12-16 Lawrence Street Corp.: DHCR Adm. Rev. Dockt No. XG410036RO (10/1/09) [4-pg. doc.]