Tenant's Claim About Used Appliances Made Too Late

Tenant complained of a rent overcharge. The DRA ruled for tenant in part, finding a total overcharge of $40. Tenant appealed. The DRA had granted landlord rent increases for the installation of a new refrigerator, stove, and kitchen cabinets before tenant moved in. Tenant claimed that she was given used appliances, not new ones. The DHCR ruled against tenant. Landlord submitted invoices and canceled checks showing that it had paid $1,350 for the appliances. And tenant didn't file her complaint, claiming that they were used, until three years after the installation. So it would be difficult for an inspector to determine whether the appliances were new or used at the time they were installed.

Case: DHCR Adm. Rev. Dckt. No. OI210036RT (1/12/01) [2-pg. doc.]