Smaller Replacement Refrigerator Was Sufficient Substitute

Rent-stabilized tenant complained of a reduction in services based on a defective refrigerator. The DRA ruled against tenant, finding that landlord had replaced the appliance. Tenant appealed and lost. Tenant argued that the new refrigerator was narrower and 35 percent smaller than the original. But it worked and there was no proof that it wasn't a sufficient substitute. In addition, landlord had wanted to give tenant a larger refrigerator, but it would have blocked access to the kitchen cabinet and a light switch.

Gorman: DHCR Adm. Rev. Docket No. ZA410022RT (10/14/11) [3-pg. doc.]