Landlord Reimbursed Tenant for Cost of Refrigerator

Landlord applied for a rent increase, claiming it had paid for a new refrigerator in tenant's apartment. Tenant had rejected the replacement refrigerator landlord offered when his old refrigerator stopped working. Tenant then bought a new refrigerator and successfully sued landlord for reimbursement. The DRA ruled against landlord. Landlord appealed and won. Since landlord offered tenant a replacement refrigerator, it had done what was required to maintain services. So when landlord paid for tenant's refrigerator, it was entitled to a 1/40th rent increase for an individual apartment improvement.

Lenn Realty: DHCR Adm. Rev. Dckt. No. KK710083RO (11/3/99) [2-pg. doc.]