Landlord Can't Charge Fee for Tenant's Use of Frost-Free Refrigerator

Tenant complained of a rent overcharge. Tenant claimed that since September 1988, landlord charged an additional fee for use of electricity for a frost-free refrigerator installed by tenant. Electricity was included in tenant's rent. Tenant claimed that the manual defrost model was much less cost efficient than the frost-free model. The DRA ruled that tenant had been overcharged by the additional electrical fee. Landlord was ordered to stop billing tenant for added electricity. The DRA also ruled that landlord could have tenant remove the frost-free refrigerator and replace it with one comparable to the unit supplied by landlord on the base date. Landlord appealed, claiming that tenant had volunteered to pay the increase for use of his own refrigerator and that it wasn't more cost efficient than the prior appliance. The DHCR denied landlord's PAR. There is no provision under the rent stabilization law or code authorizing an added fee for the use of a frost-free rather than a manual defrost refrigerator, even though electricity is included in tenant's rent. This can't be construed as a new service. And tenant's written consent to pay the increase wasn't binding because tenant can't waive his rights under rent stabilization

[431 East 20th Street, Apt. 3B: DHCR Adm. Rev. Dckt. No. GE 410059-RO (1/28/93)]. 4-page document.