Landlord Must Drop $10 Water Use Charge for Tenant's Washing Machine

Tenant complained of a rent overcharge, and the DRA found that tenant had been overcharged almost $11,000, including triple damages. Landlord appealed, arguing that it was entitled to charge $10 per month for water used by a tenant-installed washing machine. The DHCR agreed with landlord, in part, and cut the overcharge amount to about $7,000. Before May 12, 1994, the DHCR had allowed extra charges for use of tenant-installed appliances, if the lease barred use of the appliance. But the DHCR started a new policy as of May 12, 1994, prohibiting landlords from charging tenants for any tenant-installed appliance, except an air conditioner. So, landlord had the right to collect the charge before May 12, 1994, since the lease barred the washing machine. But landlord must now drop the $10 per month charge from tenant's rent.

Dzemaili: DHCR Adm. Rev. Dckt. No. DD 210289-RO (12/7/94) [6-page document]