Stove and Refrigerator Defective

LVT Number: #19843

Tenant complained of a reduction in services based on problems with his stove and refrigerator. The DRA ruled for tenant and reduced his rent after inspection showed that the refrigerator and freezer temperature weren't maintained properly, and that the stove pilot lights for the top two burners and an oven knob were missing. Landlord appealed, claiming that he had offered to replace the stove and refrigerator with used appliances if tenant signed certain papers, but tenant refused. The DHCR ruled against landlord.

Tenant complained of a reduction in services based on problems with his stove and refrigerator. The DRA ruled for tenant and reduced his rent after inspection showed that the refrigerator and freezer temperature weren't maintained properly, and that the stove pilot lights for the top two burners and an oven knob were missing. Landlord appealed, claiming that he had offered to replace the stove and refrigerator with used appliances if tenant signed certain papers, but tenant refused. The DHCR ruled against landlord. Landlord may replace defective appliances with used or reconditioned ones as long as they are in good working order. Tenant isn't required to sign any documents, and landlord can't charge any rent increase for doing this.

Bhaumik: DHCR Adm. Rev. Docket No. VD210031RO (7/11/07) [2-pg. doc.]

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