No Waiver of Washing Machine Surcharge Under Rent Control

January 15, 2014

LVT Number: #25293

Landlord asked the DHCR to approve a rent increase for rent-controlled tenant who had installed a washing machine in his apartment. The DRA ruled for landlord and ordered a prospective washing machine surcharge of $16.82 per month. Tenant appealed and lost. Tenant argued that he'd had a washing machine since 1992 and landlord therefore had waived the right to seek a rent increase for this appliance. But, unlike Rent Stabilization Code provisions, Rent Control Regulations don't provide for a waiver.

Landlord asked the DHCR to approve a rent increase for rent-controlled tenant who had installed a washing machine in his apartment. The DRA ruled for landlord and ordered a prospective washing machine surcharge of $16.82 per month. Tenant appealed and lost. Tenant argued that he'd had a washing machine since 1992 and landlord therefore had waived the right to seek a rent increase for this appliance. But, unlike Rent Stabilization Code provisions, Rent Control Regulations don't provide for a waiver. Landlord can seek the surcharge at any time, although it can't be collected retroactively.

Kripalani: DHCR Adm. Rev. Docket No. BS120024RT (11/13/13) [2-pg. doc.]

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