Defective Refrigerator

March 1, 1997

LVT Number: 11340

Tenant complained of a reduction in services, claiming that her replacement refrigerator wasn't working. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant was being evicted and that tenant caused the problem with the appliance. The DHCR ruled against landlord. It didn't matter that tenant was being evicted. As long as she lived in the apartment, the DHCR could consider her service complaint. Landlord hadn't claimed that tenant caused the problem before the DRA, so he couldn't raise that issue for the first time on appeal.

Tenant complained of a reduction in services, claiming that her replacement refrigerator wasn't working. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant was being evicted and that tenant caused the problem with the appliance. The DHCR ruled against landlord. It didn't matter that tenant was being evicted. As long as she lived in the apartment, the DHCR could consider her service complaint. Landlord hadn't claimed that tenant caused the problem before the DRA, so he couldn't raise that issue for the first time on appeal. And since the problem was broken seals and leaking Freon, it was unlikely that tenant caused it.

Koch: DHCR Adm. Rev. Dckt. Nos. HF710114RO, JA710356RO (1/10/97) [3-page document]

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