Defective Kitchen Appliances

LVT Number: 10970

Tenant complained of a reduction in services. The DRA ruled for tenant and directed landlord to restore services, including defective kitchen appliances. Tenant's rent wasn't reduced. Landlord appealed, claiming that none of the conditions cited in the DRA's order affected the proper functioning of the stove, faucet, or sink, or posed a health or physical hazard. The DHCR ruled against landlord. The conditions found by the DRA's inspector were more than cosmetic defects. Tenant's stove top became noticeably hot while the stove was in use.

Tenant complained of a reduction in services. The DRA ruled for tenant and directed landlord to restore services, including defective kitchen appliances. Tenant's rent wasn't reduced. Landlord appealed, claiming that none of the conditions cited in the DRA's order affected the proper functioning of the stove, faucet, or sink, or posed a health or physical hazard. The DHCR ruled against landlord. The conditions found by the DRA's inspector were more than cosmetic defects. Tenant's stove top became noticeably hot while the stove was in use. And warping, rusting, and corroded kitchen items required repair for sanitary and health reasons. These weren't minor conditions, as claimed by landlord.

Topper: DHCR Admin. Rev. Dckt. No. HE710105RO (8/28/96) [3-page document]

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