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refrigerator has been downgraded in apt.

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refrigerator has been downgraded in apt.

Postby j2010 » Wed May 19, 2010 12:20 pm

When I viewed my apartment before and after lease signing, it had a two-door refrigerator that included a full freezer. It was very clean, probably the cleanest/nicest thing in the apartment. When I moved in, the refrigerator had been changed to a much older model with only an icebox, not a full freezer. It is cracked and dirty. Also, there is now a gouge on floor from where the original refrigerator was. It is a clear downgrade and, honestly, I might not have chosen this apartment if this piece had been there when I looked at it. Do I have any right to the original refrigerator? In the lease, I accpeted the apartment "as is," which I believe meant with the appliances that I had viewed. I have a picture of the original refrigerator to prove that it is no longer in the apartment dated more than a week after the lease was signed. This apartment is located in Manhattan. Any advice would be appreciated.
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Postby TenantNet » Wed May 19, 2010 12:31 pm

As you're not regulated, you can't rely on any of those laws. However, first check the model number of the current fridge and if possible the model number of the one you originally saw. Do some research as to cubic feet, defrost and other features.

Then check your lease. Read the fine print. Ask the other tenants about how the LL does business.

Have you asked the landlord and/or broker about this? It's clearly a bait and switch. Ask them to restore the original fridge.

Beyond that, your remedy probably lies in court.
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Postby j2010 » Wed May 19, 2010 2:00 pm

Thanks for the response.

Is the "bait and switch" illegal? I've been looking into it and it seems that it is. I spoke to the broker, who basically seemed confused, and I've talked to the super, who said he didn't move any refrigerator, and the landlord has proven to be elusive. Legal action certainly would not be desirable, but perhaps I should look into it (seems kind of drastic for a refrigerator, but I guess it's more the principle of the thing). I am, however, considering breaking the lease because the management's behavior so far has not reflected well for the future.
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Postby queensborough » Wed May 19, 2010 8:27 pm

Tell them you want the same refrigerator you saw in the apartment when you first looked at the apartment. No excuses. I wouldn't let it go by any means.

Landlords are really stooping low these days.
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Postby Cranky Tenant » Thu May 20, 2010 2:22 am

Maybe the super swapped his old dirty fridge for the newer one thinking no one would be the wiser.

Of course if this apartment was recently rent regulated the LL may have included the cost of a new fridge in the individual apartment improvements to deregulate. If that's the case you're indirectly paying for the cost of a new fridge without the benefit of having it.
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Postby j2010 » Thu May 20, 2010 1:30 pm

Thanks for all the advice! I ended up just continuing to call them and hinting that I thought it was illegal. I'm pretty sure they just thought I wouldn't notice... Eventually, they called me back and said the unit would be "switched back." Success!
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