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Posted by DK on August 25, 1999 at 19:19:37:

In Reply to: broken refrigerator posted by Carl on August 25, 1999 at 17:49:18:

: I've seen some old postings on here about broken refrigerators in rent-stablized apartments. My understanding is that the landlord is required to replace a broken refrigerator (he/she may replace it with a used one). From previous posts, I also understand that I am not required to sign the 1/40th rent increase that would get me a brand new refrigerator. Does anyone know if this is still the case? Also, how long do I have to wait for the landlord to find a replacement if I don't agree to the rent increase? (which is what they're pushing for me to do)

You are correct. You are required to wait a "reasonable" time after the landlord receives notice. You should probably send a follow-up letter that indicates if the landlord does not repair the defective refrigerator within one week, you will repair or replace it yourself and deduct the amount from the rent.

"Repair and deduct" is never a sure thing. Ultimately, it's up to the housing court judge to decide if your notice was reasonable and that your costs to correct the problem were reasonable.

I would never agree to a rent increase unless you're going to move within the next 3 1/2 years. It's cheaper for you to buy your own refrigerator and not pay rent increases forever.

Follow Ups:

• Re: broken refrigerator Mark Smith 8/25/99 (2)
  • Re: broken refrigerator Mark Smith 8/26/99 (0)
  • Re: broken refrigerator DK 8/26/99 (0)

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: : I've seen some old postings on here about broken refrigerators in rent-stablized apartments. My understanding is that the landlord is required to replace a broken refrigerator (he/she may replace it with a used one). From previous posts, I also understand that I am not required to sign the 1/40th rent increase that would get me a brand new refrigerator. Does anyone know if this is still the case? Also, how long do I have to wait for the landlord to find a replacement if I don't agree to the rent increase? (which is what they're pushing for me to do)

: You are correct. You are required to wait a "reasonable" time after the landlord receives notice. You should probably send a follow-up letter that indicates if the landlord does not repair the defective refrigerator within one week, you will repair or replace it yourself and deduct the amount from the rent.

: "Repair and deduct" is never a sure thing. Ultimately, it's up to the housing court judge to decide if your notice was reasonable and that your costs to correct the problem were reasonable.

: I would never agree to a rent increase unless you're going to move within the next 3 1/2 years. It's cheaper for you to buy your own refrigerator and not pay rent increases forever.


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