Tenant Refused Delivery of New Refrigerator

Tenant complained of a reduction in services based on a nonworking refrigerator. The DRA ruled for tenant and later granted landlord's application to restore rent based on landlord's attempt to install a new refrigerator, which tenant refused. Tenant appealed, claiming that the new refrigerator had only two shelves instead of the three contained in the prior unit. The DHCR ruled against tenant. Tenant shouldn't have refused the new appliance. Instead, she should have accepted it and, if there were any defects, advised the DHCR so that the agency could investigate whether the service was properly restored.

Guilbault: DHCR Adm. Rev. Dckt. No. NG410006RT (11/5/99) [2-pg. doc.]