Refrigerator Delivered 16 Months Before Tenant Moved in

September 30, 2001

LVT Number: 15313

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA disallowed a 1/40th rent increase for a new refrigerator installed by landlord before tenant moved in. Tenant had claimed that the refrigerator wasn't new. Landlord's bill for the appliance showed that it was delivered 16 months before tenant moved in. So the DRA properly found that the refrigerator wasn't new and disallowed any individual apartment improvement increase.

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that the DRA disallowed a 1/40th rent increase for a new refrigerator installed by landlord before tenant moved in. Tenant had claimed that the refrigerator wasn't new. Landlord's bill for the appliance showed that it was delivered 16 months before tenant moved in. So the DRA properly found that the refrigerator wasn't new and disallowed any individual apartment improvement increase.

Ko: DHCR Admin. Rev. Dckt. No. NL210031RO (8/23/01) [2-pg. doc.]

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