No Dishwasher Surcharge Where Prior Appliance Included in Rent

LVT Number: #19730

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent. Landlord claimed that tenant had installed a dishwasher. Operational Bulletin 2005-01 allowed a monthly increase of $3.77. Tenant claimed that no new equipment had been installed since 1968 and that the dishwasher was a registered service included in her rent. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that tenant had bought a new dishwasher in 2000, and that a dishwasher bought in 1968 wouldn't still be operating.

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent. Landlord claimed that tenant had installed a dishwasher. Operational Bulletin 2005-01 allowed a monthly increase of $3.77. Tenant claimed that no new equipment had been installed since 1968 and that the dishwasher was a registered service included in her rent. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that tenant had bought a new dishwasher in 2000, and that a dishwasher bought in 1968 wouldn't still be operating. It was unclear when or whether tenant installed a new dishwasher. In any event, DHCR records showed that a dishwasher was a registered required service for the apartment. So landlord wasn't entitled to any rent surcharge for the appliance.

Terrace Court, LLC: DHCR Adm. Rev. Docket No. UJ420027RO (4/26/07) [3-pg. doc.]