Prior Landlord Waived Surcharges for Appliances

Rent-stabilized tenant complained of a rent overcharge when landlord began collecting surcharges for a washing machine and two air conditioners installed in tenant's apartment before landlord bought the building. Tenant claimed that prior landlord had waived collection of the surcharges. She said she'd had the air conditioners for 10 years, and the washing machine for 15 years. The DRA ruled for tenant. Landlord appealed and lost. Landlords can collect appliance surcharges when they discover that tenants have washing machines or air conditioners. But they must begin doing so within a reasonable time. Tenant's two air conditioners extended beyond the window line, which would have made them visible to prior landlord. And a washing machine would have been observed during routine repair and maintenance. So it seemed highly unlikely that tenant could have avoided discovery of her appliances by prior landlord. Prior landlord waived its right to collect the appliance surcharge, so new landlord couldn't collect either.

560 West 192nd Street: DHCR Adm. Rev. Docket No. WK410036RO (3/11/09) [4-pg. doc.]