Tenant Couldn't Challenge Washing Machine Surcharge

Rent-stabilized tenant complained of rent overcharge in 2015, based on a washing machine rent surcharge that landlord starting charging tenant in 2008. Landlord pointed out that prior landlord started collecting the rent surcharge prospectively when it discovered tenant's washing machine in accordance with Rent Stabilization Code Section 2522.9 and DHCR Operational Bulletin 2005-1. Landlord charged tenant $13.62 per month. The DRA ruled against tenant, who appealed and lost. The base rent date for tenant's overcharge claim was Aug. 31, 2011, which was four years before tenant filed his complaint. Since landlord was already collecting the rent surcharge on the base date, tenant's complaint was properly dismissed. Tenant also claimed that landlord shouldn't collect the rent surcharge because tenant received DRIE rent subsidy benefits. But the DRIE exemption only applies to limit increases to the legal rent, not surcharges or other fees that an owner is entitled to collect.

Garcia: DHCR Adm. Rev. Docket No. FP410032RT (3/7/18) [3-pg. doc.]