Replacement Refrigerator Defective

LVT Number: #20071

Tenant complained of a reduction in services because his refrigerator didn't work. The DRA ruled for tenant and reduced his rent. Landlord later sought rent restoration based on the restoration of services. Landlord gave tenant a used refrigerator, which tenant confirmed was in good working condition. But an inspection showed that there were rusted metal stains on the top of the refrigerator, two of the refrigerator door handles had missing paint, and the vegetable bin lid was cracked. So the DRA denied landlord's rent restoration application.

Tenant complained of a reduction in services because his refrigerator didn't work. The DRA ruled for tenant and reduced his rent. Landlord later sought rent restoration based on the restoration of services. Landlord gave tenant a used refrigerator, which tenant confirmed was in good working condition. But an inspection showed that there were rusted metal stains on the top of the refrigerator, two of the refrigerator door handles had missing paint, and the vegetable bin lid was cracked. So the DRA denied landlord's rent restoration application. Landlord appealed, claiming that these were minor conditions. The DHCR ruled against landlord. The cracked vegetable bin lid was minor. But the rust stains and missing paint on the door handles weren't minor conditions. There could be further flaking and chipping, causing a health hazard in the future.

Fields: DHCR Adm. Rev. Docket No. VB410027RO (11/2/07) [3-pg. doc.]

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