Replacement Refrigerator Was Defective

Rent-controlled tenant complained of a reduction in services because landlord replaced his old refrigerator with a smaller one that didn't have a proper freezer. The DRA ruled for tenant, and landlord appealed. The DHCR ruled for landlord in part. Under DHCR policy, a freezer must keep foods at a temperature between zero and five degrees Fahrenheit. Tenant's new refrigerator had a freezer that maintained a 10 degrees temperature. So tenant was entitled to a rent reduction for the lack of a proper freezer. However, the DRA had given tenant two rent cuts of $5 each for not having a freezer and for improper temperature in the freezer compartment. This was a double penalty to landlord for the same condition. The DHCR revoked one of the $5 rent cuts.

38 E. 75th St. LLC: DHCR Adm. Rev. Dckt. No. OA420081RO (5/19/00) [3-pg. doc.]