Landlord Waited Too Long to Collect Washing Machine Surcharge

Rent-stabilized tenant complained of improper lease renewal after new landlord included a provision for a washing machine surcharge of $16.82 per month in tenant's renewal lease. The DRA ruled for tenant and ordered landlord to offer a renewal lease without the surcharge provision. Landlord appealed and lost. Tenant installed the washing machine in 2003. Prior landlord never sought a rent increase. New landlord bought the building in 2006 and began charging tenant for the appliance in 2009, more than six years after it was put in. Landlord waited too long and therefore waived any right to collect the washing machine surcharge. Landlord must also refund any surcharge paid by tenant, as this constitutes a rent overcharge.

1314, LLC: DHCR Adm. Rev. Docket No. AQ210017RO (8/29/13) [4-pg. doc.]