Landlord Didn't Waive Right to Collect Surcharges

Rent-stabilized tenant complained of a rent overcharge. He claimed that landlord improperly collected surcharges for tenant's use of a washing machine and three air conditioners in the apartment. The DRA ruled for tenant and ordered landlord to refund $1,140, including interest. The DRA found that landlord had waived the right to collect any surcharges for the appliances. Landlord appealed and won. Landlord pointed out that the tenant never claimed in his complaint to the DRA that landlord had waived the washing machine surcharge. In addition, the DHCR didn't define the time period for waiver of a washing machine surcharge in any regulation or policy statement. And though landlord charged tenant $35 per month for the washing machine, tenant paid only $13.62 per month. This was the permitted amount of a washing machine surcharge under DHCR Operational Bulletin 2005-1. Tenant also never objected to the air conditioner surcharge in his complaint to the DRA. Tenant started paying landlord $15 per month for the three units in in August 2006 without objection.

Loran LP c/o Orin Management Corp.: DHCR Adm. Rev. Docket No. WI610011RO (12/4/08) [4-pg. doc.]