Replacement Refrigerator Defective and Too Small

Rent-stabilized tenant complained of a reduction in services based on the size and defective condition of a replacement refrigerator installed by landlord. The DRA ruled for tenant and reduced his rent.  Landlord appealed and lost. DHCR inspection showed that the replacement refrigerator didn’t work properly, the freezer section door had a worn gasket, the door didn’t close properly, the temperature reading for the freezer section was 8 degrees Fahrenheit when it should have been 5 degrees, a handle was missing on the cooling section of the refrigerator, and the vegetable bin and shelf on the door were broken. The new refrigerator also wasn't a standard size. It measured 60 inches by 28 inches in a space that was 66 inches by 33 inches, making the new refrigerator about 6 inches smaller than the space provided. Tenant claimed that the smaller appliance required him to bend lower to stock and retrieve items and failed to provide enough storage space. The fact that tenant signed the work order for the new appliance didn’t refute the DHCR’s findings. And there was no proof that tenant had set the freezer temperature gauge higher than the optimal temperature.

Kim: DHCR Adm. Rev. Docket No. CV210028RO (7/21/15) [3-pg. doc.]