Landlord Proved New Refrigerator Installed During Vacancy

Tenant complained of a rent overcharge, claiming that he'd been improperly charged for a new refrigerator. The DRA ruled for tenant. Landlord appealed, arguing that it had installed the new refrigerator during a vacancy before tenant moved in. Landlord wins. A rent increase is allowed if the refrigerator was installed while the apartment was vacant. Landlord submitted a copy of tenant's first lease, with notations on it stating that a new refrigerator had been installed. Landlord also submitted an invoice for the purchase of 20 refrigerators. These documents, taken together, proved that landlord had installed the new refrigerator before tenant moved in.

Amner Ltd.: DHCR Adm. Rev. Dckt. No. EF 210276-RO (4/15/94) [7-page document]