Prior Landlord Waived Washing Machine Rent Surcharge

Rent-stabilized tenant complained of a rent overcharge after landlord started billing her a monthly surcharge of $13.62 based on tenant's installation of a washing machine in her apartment. Landlord showed that in 2006, prior landlord sent tenant a letter stating she would be charged for the washing machine. Tenant had signed the letter, acknowledging that she had the appliance. The DRA ruled for tenant. Landlord appealed and lost. Tenant claimed that she had lived in the apartment since 1976 and had always had a washing machine. Prior landlord bought the building in November 2002 but didn't send tenant the letter demanding the rent surcharge until 2006. It wasn't believable that prior owner knew about the washing machine for four years before charging tenant. Prior owner waived the right to collect the washing machine surcharge by waiting too long to collect the surcharge. New landlord was bound by that waiver.

3694 Broadway Holdings: DHCR Adm. Rev. Docket No. WH410007RO (9/25/08) [3-pg. doc.]