Prorated Increase for Replacing Two-Year-Old Refrigerator

In an opinion letter, the DHCR stated that if, at the tenant's request, landlord replaced a refrigerator that had been in use for less than eight years, then the monthly 1/40th increase for a new refrigerator would be prorated to reflect this. For example, landlord wanted to replace the refrigerator that had been in tenant's apartment for only two years. Assuming landlord got written consent from tenant to the rent increase, the increase for the new appliance is calculated as 1/40 x 2/8 or 1/160 of the cost of the new appliance.

DHCR Opin. Ltr. by Nathaniel Geller (2/20/92) [1-page document]