[NYtenants-online] DHCR: Surcharges for Tenant-installed Washing Machines etc.

[Tenant]

NYtenants Online/TenantNet                                4/13/05
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In this issue...

1. New: DHCR Operational Bulletin 2005-1
Surcharges for Tenant-installed Washing Machines, Dryers And Dishwashers

Note: This Operational Bulletin does not address (and DHCR has no 
jurisdiction over) whether a particular building or unit has sufficient 
capacity of electricity, water or plumbing. The NYC Department of Buildings 
would be the appropriate agency to address those questions.

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Operational Bulletin 2005-1

SURCHARGES FOR TENANT-INSTALLED WASHING MACHINES, DRYERS AND DISHWASHERS
- Implementing -

- New York City Rent Stabilization Law (RSL)
- Emergency Tenant Protection Act of 1974 (ETPA)
- New York City Rent and Rehabilitation Law (City Rent Control Law)
- Emergency Housing Rent Control Law (State Rent Control Law)

This Operational Bulletin is issued pursuant to Sections 2522.9 and 2527.11 
of the Rent Stabilization Code; Sections 2502.8 and 2507.11 of the 
Emergency Tenant Protection Regulations; Section 2209.8 of the City Rent 
and Eviction Regulations; and Section 2109.8 of the State Rent and Eviction 
Regulations. It applies to all rent controlled and rent stabilized housing 
accommodations throughout New York State.

Unless a lease provides otherwise, owners are not required to allow tenants 
to install washing machines, dryers or dishwashers. Where a tenant requests 
permission from the owner to install such appliance or appliances, whether 
permanently installed or portable, and the owner consents, the owner may 
collect a surcharge or surcharges, as set forth below. Such surcharge or 
surcharges shall not become a part of the legal regulated or maximum rent 
for the purpose of computing any guidelines or other increases under the 
Rent Laws or Regulations. Under no circumstances shall servicing or 
replacement of such appliance or appliances become a service required to be 
provided by the owner.

MONTHLY SURCHARGES

Monthly surcharges are shown on the attached chart. Permissible surcharges 
for housing accommodations regulated pursuant to the State Rent Control Law 
and not located within the ETPA counties will be determined on a 
case-by-case basis. "Electrical exclusion" means the tenant pays for 
electricity; "electrical inclusion" means the owner pays for electricity. 
DHCR may make a downward adjustment of the surcharge where a tenant pays 
for heating of hot water.

FACTORS CONSIDERED IN DEVELOPING THE SURCHARGES

Various cost factors were considered, including, where applicable, the cost 
of energy to heat water and the cost of electricity. Non-energy factors 
considered were water costs and wear and tear on plumbing. Cost estimates 
were based on properly installed and functioning machines placed in 
buildings whose plumbing, water supply, and electrical systems are adequate 
for use of the relevant appliance.

Disputes arising because the owner claims that the installation of an 
appliance by the tenant has damaged the owner's plumbing or other property, 
if not resolvable between the parties, are not within the jurisdiction of 
the DHCR and would have to be determined by the courts.

APPLICABILITY AND PRIOR PRACTICE

The surcharges set forth on the attached chart shall be applicable to all 
pending administrative proceedings, where those proceedings include the 
issue of a charge for the tenant's installation of a washing machine, dryer 
or dishwasher.

Where a prior installation by a tenant of such appliance or appliances 
comes to the attention of the owner and the owner consents to the continued 
use of the appliance or appliances, these surcharges shall only be 
available prospectively.

The permissible monthly surcharges set forth in this Operational Bulletin 
shall take effect immediately and shall apply to all tenancies subject to 
this Operational Bulletin. The permissible monthly surcharges shall be 
subject to an annual update, which shall take effect as of October 1 of 
each year and continue until September 30 of the following year, provided 
that the surcharges set forth in this Operational Bulletin 2005-1 shall 
remain in full force and effect until September 30, 2006. In the event DHCR 
does not, in any given year, issue an annual update, the permissible 
monthly surcharges then in effect shall continue in effect unless and until 
the issuance of a subsequent annual update.

PAUL A. ROLDAN
Deputy Commissioner
for Rent Administration
Dated: March 24, 2005


AUTHORIZED MONTHLY SURCHARGES BY APPLIANCE AND LOCALITY

Electrical Exclusion or      New York City              ETPA Localities[1]
Inclusion Buildings          (Rent Stab. or Contr.)     (Rent Stab. or Contr.)

For Washing Machines:

Exclusion                    $ 13.62                     $ 10.96
Inclusion                    $ 14.92                     $ 12.26

For Dryers:

Exclusion                    $  0.00                     $  0.00
Inclusion                    $ 10.89                     $ 10.89

For Dishwashers:

Exclusion                    $ 3.77                       $ 3.77
Inclusion                    $ 5.50                       $ 5.50


Footnote 1:
ETPA localities are those within the Counties of Nassau, Rockland and 
Westchester that have adopted the Emergency Tenant Protection Act of 1974.

Last updated on 03/29/05