Landlord Can't Collect Washing Machine Surcharge

LVT Number: #24609

After the DHCR ruled that landlord wasn't entitled to collect a washing machine surcharge from rent-stabilized tenant, landlord filed an Article 78 court appeal claiming that the agency's decision was unreasonable. The court and appeals court ruled against landlord. Rent Stabilization Code (RSC) Section 2522.9 and DHCR Operational Bulletin 2005-1 permitted  a prospective surcharge when a previously installed washing machine "comes to the attention" of landlord and landlord "consents" to its continued use.

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