Tenant Rejected Replacement Refrigerator

Tenant complained of a reduction in services based on a defective refrigerator. The DRA ruled for landlord. Tenant appealed, claiming that landlord offered to replace the refrigerator with a used one, but that the used refrigerator wasn't comparable to the one she had. Tenant also claimed that the used replacement refrigerator had a loose and worn rubber gasket, a loose door-seal, and a yellow-aged exterior. Landlord argued that it had offered tenant a good working unit that had been inspected and approved by a service company. The DHCR ruled for landlord. Landlord has the right to determine that it's too costly to repair tenant's refrigerator, and to replace it with a used one. A DHCR inspection found that the replacement refrigerator was a comparable working model and was refused by tenant.

Goldstein: DHCR Adm. Rev. Dckt. No. TL410025RT (3/2/06) [2-pg. doc.]