Landlord Didn't Prove Tenant Owned Refrigerator

Tenant complained of a reduction in services based on a defective refrigerator light. Landlord claimed that tenant owned his refrigerator. The DRA ruled for tenant and reduced his rent. Landlord appealed. The DHCR ruled against landlord. The 1981 lease modification that supposedly contained a notation that tenant owned his refrigerator was handwritten and could have been added by landlord. Also, the fact that landlord didn't register tenant's refrigerator as an apartment service in 1984 didn't prove that the service wasn't provided. Tenant also submitted a 1994 letter from landlord's attorney stating that landlord would try to replace the refrigerator if she had an extra one in the basement. This indicated that landlord recognized that she was responsible for tenant's refrigerator.

Dulac: DHCR Adm. Rev. Dckt. No. RD410056RO (1/8/04) [3-pg. doc.]