Landlord Didn't Provide Stove or Refrigerator to Tenant

Rent-stabilized tenant complained of a reduction in services because his apartment had no stove or refrigerator. The DRA ruled against tenant, who appealed and won. The DRA found that landlord wasn't required to provide a stove and refrigerator. This was incorrect. DHCR records showed that landlord registered a stove and refrigerator as apartment services during initial registration in 1984, and that building services included cooking fuel. Landlord never filed an application with the DHCR for permission to modify required services. The fact that the apartment didn't contain a stove or refrigerator when tenant moved in didn't change anything, since tenant can't waive the benefits conferred by the rent laws. And landlord may have removed these appliances as part of unauthorized renovation work. DOB had issued at least one Stop-Work Order in connection with landlord's conversion of apartments into "illegal hotel rooms." The DHCR ordered a rent reduction based on the reduction in services.

Mondrow: DHCR Adm. Rev. Docket No. FR410033RT (5/9/18) [4-pg. doc.]