Smaller Replacement Refrigerator

Tenant complained of a reduction in services because her refrigerator no longer worked and landlord had replaced it with a smaller refrigerator. Landlord said the smaller refrigerator was temporary and that it would provide a new one the same size as the old one. An inspection showed that sometime later, landlord hadn't done so. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that it had now installed the new, larger refrigerator and that in the interim tenant had a working refrigerator. The DHCR ruled against landlord. If landlord had now installed the same size refrigerator, it should file an application to restore the rent.

Diplomat Properties Assocs.: DHCR Adm. Rev. Dckt. No. SK110038RO (1/27/05) [2-pg. doc.]