Surcharge Dispute Resolved in Prior Proceeding

Tenant complained that landlord improperly charged a fee for the washing machine in tenant's apartment even though it didn't work. Tenant claimed that, under DHCR Operational Bulletin 2005-1, he could keep the fixture without paying an appliance rent surcharge. Tenant also said that there was a 2006 court order ruling that there would be no charge for his nonfunctional washing machine. The DRA ruled against tenant, who appealed and lost. In a later 2008 housing court proceeding, landlord and tenant signed a settlement agreement by which tenant agreed to pay $13.62 per month as a surcharge and to remove the washing machine by June 30, 2008. This agreement replaced the 2006 court order. If tenant wanted to change any terms of the new agreement, he must go back to court.

Elsheemy: DHCR Adm. Rev. Docket No. YA220049RT (9/1/10) [2-pg. doc.]