Refrigerator Sinking Through Weak Floor

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed no rent reduction was warranted because it responded to tenant's complaint and repaired the floor in front of the refrigerator. Landlord claimed that the DRA added new conditions to its rent reduction order that weren't part of tenant's complaint. The DRA had noted a 1 1/4 inch difference between the kitchen and bathroom floor levels and cracked, separated, and broken kitchen floor tiles. Tenant had complained that the refrigerator was disintegrating and sinking, and could fall through the floor of the apartment. The DRA notified landlord that it considered the condition to be an emergency due to the danger of the collapsing kitchen floor. There also were several HPD violations for the tenant's kitchen floor. DHCR inspection showed that the refrigerator was repaired but stood on unfinished plywood, that the difference between the kitchen and bathroom floor heights created a trip hazard, and all the kitchen floor tiles were cracked and broken. The conditions found and noted in the DRA's order all were within the ambit of tenant's complaint.

Church & Swan: DHCR Adm. Rev. Docket No. AS410022RO (7/26/13) [3-pg. doc.]