Tenant Agreed to Pay $25 Surcharge for Washing Machine

Tenant complained of rent overcharge based on $25 washing machine surcharge. The DRA ruled against tenant. Tenant appealed and lost. The Rent Stabilization Code allowed landlord to collect a surcharge for permitting tenant to install a washing machine in the apartment. Tenant claimed that prior landlord had waived the surcharge. But there was no proof that prior or current landlord waived the right to collect the surcharge. Prior landlord demanded the surcharge when it discovered that tenant had installed the washing machine, and tenant agreed to pay a $25 per month surcharge for using the washing machine in the apartment.

Rebaza: DHCR Adm. Rev. Dckt. No. SC210055RT (6/15/04) [2-pg. doc.]