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Can LL replace originally new kitchen appliances with used?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Can LL replace originally new kitchen appliances with used?

Postby mkzv7 » Tue Apr 25, 2023 11:17 am

After a gut renovation some years ago I moved back into my apartment with brand new kitchen appliances (stove & refrigerator).

Now both need to be replaced. The building manager has indicated he wants to find 'used' replacements.

Can he do that or is he obligated to provide new replacements since the originals were new?

Also, since this has now dragged on for several months during which I haven't had a working oven (top burners still work), can I deduct some amount from my rent until the replacements have been made?
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Re: Can LL replace originally new kitchen appliances with us

Postby TenantNet » Tue Apr 25, 2023 11:49 am

You indicate you are RS, but not the rehab program you're in. You also don't say how new the appliances are. Were they new a few years back?

If they are still brand new, then I would insist on new replacements, but it depends on how much time lapsed before going bad. How much time? Hard to say. I'd look at the time offered by the unit's warranty.

Although the IAI rules changed in 2019, normally for RS tenants, if they want new appliances, they can ask for new, but the LL can add a part of that cost onto the rent (it was 1/40th, but it changed). Seach for "Lebovits HSTPA - What Lawyers Must Know - part 1.pdf" on this forum (or the link on the forum's home page and look for IAIs.

RS tenants are entitled to used working appliances without a rent increase if they prefer. There are companies that provide those units so your LL should not have any problem finding one.

If he won't do that, then you can file with DHCR or file a HP proceeding in Housing Court. We prefer the latter. I assume you want good working units, not a small abatement. So go for that.
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Re: Can LL replace originally new kitchen appliances with us

Postby mkzv7 » Wed Apr 26, 2023 3:31 am

Thanks for that information. I'm not in a rehab program, just an RS tenant. The appliances are 20 years old.

From what you wrote, it looks like I'll have to accept the used appliances, as any new appliances would allow the landlord to impose a rent increase -- one that if I'm not mistaken never expires, even if it eventually exceeds the cost of the new appliances.
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Re: Can LL replace originally new kitchen appliances with us

Postby TenantNet » Wed Apr 26, 2023 7:56 am

I was thinking perhaps like a J51 gut rehab. So if they are 20 years old, then they are not now brand new; they are used for 20 years. And things do wear out. I don't know if kitchen appliance have useful lives (mine are almost 40 years old). But after 20 years, something might give. If you don't want to pay for a brand new appliance, then you can demand a "working" appliance, but that suggests on from the basement, another apartment or from a company that refurbishes these things.

Another option would to see if the LL would allow you to buy an appliance yourself, but then you own it and the LL no longer has any maintenance obligations. The upside is that the rent would not go up - other than RGB or MCI increases. That depends on your LL and if this happens, make sure you get the LL's permission in writing. Some tenants who do that w/o telling the LL find themselves in court. So in writing, get the LL's permission, signed by him, detailed info on the model of the appliance, who pays for what (installation, maintenance, etc) and obligations. Just be careful if you go that route. It also depends on if the LL is a rational human and not vindictive against you.

If you are older or disabled, then if you need special accommodations, then this would be the time to express those needs.
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