Surcharge for Washing Machine

Landlord asked the DRA for permission to collect a rent surcharge because tenant had installed a washing machine. The DRA ruled for landlord and allowed the surcharge. Tenant appealed, claiming that landlord waived the right to collect any surcharge because she had had the washing machine for years before landlord sought to collect the rent increase. The DHCR ruled against tenant. Rent Stabilization Code Section 2522.9 allows landlord to collect the washing machine surcharge prospectively even if landlord didn't collect it in the past. It doesn't matter that landlord never collected it before.

Holmes: DHCR Admin. Rev. Dckt. No. PH210019RT (6/21/02) [2-pg. doc.]