N.Y. Comp. Codes R. & Regs. tit. 9 § 2102.9

Current through Register Vol. 46, No. 36, September 4, 2024

Section 2102.9 - Surcharge for the installation and use of washing machines, dryers and dishwashers

(a) Where a tenant requests permission from the landlord to install a washing machine, dryer or dishwasher, whether permanently installed or portable, and the landlord consents, the landlord may collect surcharges, without notification to or approval by the administrator in an amount specified in an operational bulletin to be issued by the administrator pursuant to section 2109.8 of this Title. The surcharges authorized by this section shall not be part of the maximum rent.

(b)

(1) Where a prior installation by a tenant of a washing machine, dryer or dishwasher comes to the attention of the landlord and the landlord consents to the continued use of the washing machine, dryer or dishwasher, the surcharges provided for in this section shall only be available prospectively.

(2) Under no circumstances shall servicing or replacement of such washing machine, dryer or dishwasher become a service required to be provided by the landlord pursuant to this Subchapter.

(3) Where there is in effect a prior practice of charging for installation of a tenant-owned washing machine, dryer or dishwasher, the landlord may continue the charge, which may also continue to be included in the maximum rent, if such was the prior practice.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2102.9