Landlord Can't Collect Washing Machine Surcharge

Tenant complained of a rent overcharge based on landlord's collection of a washing machine surcharge. The DRA ruled against tenant, finding no rent overcharge. The DRA pointed out that under DHCR Operational Bulletin 2005-1, landlord was entitled to collect $13.62 per month for tenant's use of a washing machine in her apartment. Tenant appealed and won. Tenant claimed that she paid for her own heat and hot water. She also said she didn't install the washing machine. Tenant claimed that under a 1996 Loft Board order, landlord installed the washing machine at landlord's expense. The cost was passed along to tenants through monthly rent adjustments ordered by the Loft Board. Tenant also said that the washing machine was in place before she signed her first rent-stabilized lease with landlord in 2004. Landlord argued that tenant installed the washing machine in 1984, the Loft Board ordered him to bring existing installations up to code in 1996, and the washing machine surcharge was separate from the rent. The DHCR ruled that the Loft Board established the base date rent for tenant in 2004. The washing machine was already in place. All services and equipment then in the apartment were included in the computation of tenant's initial legal regulated rent. Therefore, the washing machine surcharge didn't apply.

Mullan: DHCR Adm. Rev. Docket No. UH410031RT (11/2/06) [3-pg. doc.]