New Refrigerator Ordered Before Tenant Moved in

LVT Number: 10705

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DRA had allowed a 1/40th increase for a refrigerator installed before tenant moved into the apartment. Tenant claimed there was no refrigerator when he moved in and that landlord installed a new refrigerator, rather than a used one as tenant requested, six weeks after tenant moved in. The DHCR ruled against tenant. Landlord showed that it ordered the new refrigerator on May 29, 1987. Tenant moved in on June 1, and landlord paid for the new appliance on June 17.

Tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed. The DRA had allowed a 1/40th increase for a refrigerator installed before tenant moved into the apartment. Tenant claimed there was no refrigerator when he moved in and that landlord installed a new refrigerator, rather than a used one as tenant requested, six weeks after tenant moved in. The DHCR ruled against tenant. Landlord showed that it ordered the new refrigerator on May 29, 1987. Tenant moved in on June 1, and landlord paid for the new appliance on June 17. Since the refrigerator was ordered before tenant moved in, tenant's written consent wasn't required to get a rent increase.

Fiorini: DHCR Adm. Rev. Dckt. No. EG120308RT (3/19/96) [2-page document]

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