Inspection Report Didn't State Control Level of Freezer

Tenant complained of a reduction in services, based on problems with her refrigerator. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration, claiming repairs had been made. An inspection showed that tenant's refrigerator freezer temperature was inadequate, so the DRA ruled against landlord. Landlord appealed, pointing out that while the inspection report stated that the freezer temperature was 20 degrees F., it didn't indicate what control level the freezer was set for. It was possible, therefore, that the only reason the temperature was inadequate was the temperature control was set at the lowest possible setting. In addition, the freezer temperature wasn't a basis for the original rent reduction. The original inspection had, in fact, found that the temperature was proper. DHCR ruled for landlord and restored tenant's rent.

Neglia: DHCR Adm. Rev. Dckt. No. GC 210196 RO (11/30/95) [3-page document]