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paying for appliances

Posted by Alan Lawrence on July 12, 2000 at 09:15:15:

A tenant requested and received a new refrigerator in 1994, for which the tenant subsequently was charged and paid (supposedly) 1/40th rent increase per month, escalated by interim renewal leases.

Recently the refrigerator malfunctioned (well before the 15 year useful life span - DHCR Operational Bulletin 90-2). A replacement was installed by the building. The replacement was: A) a used refrigerator, and; B) smaller than the one it replaced for which the tenant has been paying a premium.

The question: Is the tenant still required to pay the increase on the first refrigerator even though it is no longer installed? Are there any rulings that apply ... either by the DHCR or courts?

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