Landlord Replaced Refrigerator

Rent-stabilized tenant complained of a reduction in services. He claimed that his refrigerator and stove didn't work. Landlord answered that he had replaced the stove and refrigerator. The DRA sent tenant a notice of landlord's answer, but tenant didn't respond. The DRA then dismissed tenant's complaint. Tenant appealed, claiming that he didn't get the DRA's notice and that the new refrigerator wasn't an adequate replacement. He said that the new appliance had half the storage space of the old refrigerator, it wasn't self-defrosting, and it didn't maintain a constant temperature. The DHCR ruled against tenant. The DRA's file showed that the notice of landlord's answer was properly mailed to tenant. And there was no question that landlord made the other requested repairs. Tenant's concerns about the quality or function of the new refrigerator were a new issue for which tenant must file a new complaint to pursue.

Roberts: DHCR Adm. Rev. Docket No. XC410014RT (8/28/09) [3-pg. doc.]