Rusty Kitchen Stove

LVT Number: 17630

Tenant complained of a reduction in services based on a rusty kitchen stove. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant refused to allow landlord to replace the defective stove before the DHCR inspection. The DHCR ruled against landlord. In her answer to tenant's complaint, landlord claimed that the stove top was merely dirty but not otherwise defective. Tenant stated that landlord tried to replace the stove with an inferior stove that tenant wouldn't accept. Landlord didn't deny tenant's claim.

Tenant complained of a reduction in services based on a rusty kitchen stove. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant refused to allow landlord to replace the defective stove before the DHCR inspection. The DHCR ruled against landlord. In her answer to tenant's complaint, landlord claimed that the stove top was merely dirty but not otherwise defective. Tenant stated that landlord tried to replace the stove with an inferior stove that tenant wouldn't accept. Landlord didn't deny tenant's claim. And tenant wasn't required to accept less than a comparable work- ing stove.

Miller: DHCR Adm. Rev. Dckt. No. RL120031RO (7/28/04) [3-pg. doc.]

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