Washing Machine Surcharge in Effect on Base Rent Date

Rent-stabilized tenants in the same building each filed a specific rent overcharge complaint in 2014, claiming that landlord illegally collected a washing machine surcharge. The DRA ruled against tenants, who appealed and lost. Tenants claimed that they had installed their washing machines long ago but landlord didn’t start collecting a surcharge until 2007. Landlord claimed that it started charging the surcharge permitted by the DHCR as soon as it discovered the appliances. In any event, it was undisputed that landlord was collecting the surcharges from tenants on the base rent date four years before tenants filed their complaints. So tenants had waived the right to challenge this surcharge. Tenants argued that the washing machine surcharge wasn’t “rent” and therefore the four-year ruled didn’t apply. But the collection of the surcharge was a rental event with no exception from the four-year rule.

Morel: DHCR Adm. Rev. Docket No. CU610030RT (3/24/15) [3-pg. doc.] Smith: DHCR Adm. Rev. Docket No. CU610026RT (3/24/15) [3-pg. doc.]