Tenant Claims Landlord Waived Air Conditioner Surcharge

Tenant complained of a rent overcharge based on landlord's collection of rent surcharges for two air conditioners and a washing machine. The DRA ruled against tenant. Tenant appealed and won. Tenant argued that landlord didn't collect these surcharges on the base rent date and, therefore, was barred from adding them to tenant's most recent renewal lease. The DHCR sent the case back to the rent administrator. Information was needed on when tenant installed these appliances, because landlord waives the right to collect surcharges if it doesn't begin collecting them within a reasonable time.

Levitskiy: DHCR Adm. Rev. Docket No. UD210057RT 7/3/06 [2-pg. doc.]