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Odd Appliance Questions - Stoves?

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Odd Appliance Questions - Stoves?

Postby jkatz01 » Tue Jan 07, 2003 12:41 pm

Are there any city regulations about how old a stove a landlord is allowed to keep in an apartment? Our stove is ancient, probably 1950's vintage.

ALSO, are there any requirements about appliances that must come with an apartment? (i.e. Regrigerator?)
LAst one: Can a landlord refuse to let you install a washing machine/dryer?
THANKS
J. K.
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Re: Odd Appliance Questions - Stoves?

Postby mjr203 » Tue Jan 07, 2003 2:15 pm

Originally posted by jkatz01:
Are there any city regulations about how old a stove a landlord is allowed to keep in an apartment? Our stove is ancient, probably 1950's vintage.

ALSO, are there any requirements about appliances that must come with an apartment? (i.e. Regrigerator?)
LAst one: Can a landlord refuse to let you install a washing machine/dryer?
THANKS
J. K.
Re the stove... I don't think so as long as it works. You should ask the LL for a new one if you want, but expect some kind of proportional rent increase (1/40?).

"The lack of a refrigerator may constitute a violation of your warranty of habitability and/or a reduction of services, so you may want to file a reduction in services complaint with the NYS Division of Housing and Community Renewal (DHCR), the agency which administers the rent laws."

Not sure if the above only applies to rent stabilized apts. Probably not.

A LL can probably refuse you the right to a washer dryer but sect. 26 of the DHCR rent stabilization code says -- "Section 26

A new section 2522.9 of this Part is adopted to read as follows:

Section 2522.9 Surcharge for the installation and use of washing machines, dryers and dishwashers.

(a) Where a tenant requests permission from the owner to install a washing machine, dryer or dishwasher, whether permanently installed or portable, and the owner consents, the owner may collect surcharges, without notification to or approval by the DHCR in an amount specified in an Operational Bulletin to be issued by the DHCR pursuant to subdivision (b) of section 2527.11 of this Title. The surcharges authorized by this section shall not be part of the legal regulated rent.

(b)(1) Where a prior installation by a tenant of a washing machine, dryer or dishwasher comes to the attention of the owner and the owner consents to the continued use of the washing machine, dryer or dishwasher, the surcharges provided for in this section shall only be available prospectively;

(2) Under no circumstances shall servicing or replacement of such washing machine, dryer or dishwasher become a service required to be provided by the owner pursuant to this Code;

(3) Where there is in effect a prior practice of charging for installation of a tenant-owned washing machine, dryer or dishwasher, the owner may continue the charge, which may also continue to be included in the legal regulated rent, if such was the prior practice."

Of course if your apt is nonreg then that will not apply. The bottom line is that a washing machine uses water which the LL pays for. There will have to be some negotiation in order for one to be installed.

-pOINTER
most Landlords suck it.
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Re: Odd Appliance Questions - Stoves?

Postby Chimera » Wed Jan 08, 2003 12:37 pm

From your previous post about your non-regulated apartment, I am assuming in the following response that you do not have a regulated unit.

As far as appliances go, I think you are required to have a refrigerator and a sink, and I don't think that you are required to have a stove, though I'm not positive about that.

As far as the age of appliances, there are no laws regulating that. If it is in working condition, the landlord is not obligated to replace it. If you want it replaced because you would prefer a newer appliance, and the landlord consents to the removal of the original, the landlord can insist that you pay for the new unit and installation yourself.

Finally, if you have never had a washing machine/dryer in your apartment, the landlord can absolutely refuse to allow you to install them.

In your previous post you mentioned that you wanted to break a year lease when you were ready to purchase a home. I'm afraid none of these reasons would allow you to break a lease, if in fact that is what you are still hoping to do.
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Re: Odd Appliance Questions - Stoves?

Postby jkatz01 » Thu Jan 09, 2003 3:44 pm

Thanks for the Replies! I was just curious about these issues - and no - I did not enter my mind than any of these would be an excuse to break the lease, and yes the Apt. is non-regulated.

After talking to the LL breifly, she continued to insist on a 1 year lease, but then added that: "We will see how your search goes" - which I interpreted to mean that she's willing to be flexible.

About the refridge., when we moved in 4 years ago, there was no fridge in the apartment - so we bought one, when we move - I plan to take it with me. I was just curious about this because no-one I've ever spoke to can beleive that the apt. had no fridge.

The stove is in working condition, its just ridiculously old - but I'm not going to buy a new one just to leave in 8 months.

I guessed the washer/dryer situation was as you described.

THANKS VERY MUCH FOLKS,
JK
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