Large Oven Replaced with Smaller One

Tenant complained of a reduction in services based on landlord's replacement of her oven with a smaller one. Landlord pointed out that only one person lived in the apartment and that it shouldn't matter. The DRA ruled against tenant, finding that this was a minor condition that didn't warrant a rent cut. Tenant appealed and won. The prior oven was 20 inches wide. The new oven was 17 inches wide. This was a 15 percent reduction in size, and as a result, tenant couldn't put two pans in the oven side by side. Landlord offered no explanation for why the replacement oven wasn't the same size as the old one. This wasn't a minor condition, and tenant was entitled to a rent reduction.

Weisberg: DHCR Adm. Rev. Dckt. No. ML210087RT (6/3/99) [3-pg. doc.]