Landlord Offered Unsuitable Replacement Refrigerator

Tenant complained of a reduction in services based on a defective refrigerator. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord because an inspection showed that the refrigerator door gasket was broken and its door handle was loose. Landlord appealed. He claimed that tenant refused to accept a replacement refrigerator that landlord offered to install. Tenant claimed that he refused the new unit because it was unsuitable and a fire hazard. It wasn't designed for installation in a confined space but was meant to be freestanding. The DHCR ruled against landlord. Tenant submitted an engineer's report stating that a refrigerator installed in the space allotted in tenant's kitchen should have a condenser that draws air from the unit. Landlord's new refrigerator didn't have this feature. The supplier of the unit also wrote a letter stating that the unit was unsuitable for installation in a confined space.

Behne: DHCR Admin. Rev. Dckt. No. QF420002RO (10/30/02) [3-pg. doc.]