Defective Freezer

September 30, 1997

LVT Number: 11828

Tenant complained of a reduction in services because her refrigerator freezer temperature was inadequate. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that the condition was tenant's fault because tenant didn't properly defrost the freezer. The DHCR ruled against landlord. The refrigerator was over 20 years old, and tenant had complained for over two years that it wasn't working properly. Landlord showed no proof that lack of defrosting the freezer caused inadequate temperature.

Tenant complained of a reduction in services because her refrigerator freezer temperature was inadequate. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that the condition was tenant's fault because tenant didn't properly defrost the freezer. The DHCR ruled against landlord. The refrigerator was over 20 years old, and tenant had complained for over two years that it wasn't working properly. Landlord showed no proof that lack of defrosting the freezer caused inadequate temperature.

David Frankel Realty Inc.: DHCR Adm. Rev. Dckt. No. KD410093RO (5/19/97) [3-page document]

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