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Stove Broke

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

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Stove Broke

Postby Cylon452 » Wed Feb 20, 2019 6:28 am

Hello all

Re:
I searched you website - but could not find what happens when you're DRIE/SCRIE Tenant with a Broken Stove
I am currently on DRIE.
1960s Broken Stove ( leaks gas from 1 of the burners)
My goal here is to make sure the Rent does NOT increase.
GOAL: I do not want to pay a rent increase for a New Stove. ( LL claims they only replace with New equipment )

One burner out of 4 is broken. I can't turn it off so the gas leaks out of it. It broke while i was cooking. Not the knob the entire shaft metal shaft broke. It spins like a top. I told the LL and they sent someone to turn off the gas in my apartment.

So now i am without a working stove. This stove has 4 burners - 1 oven of course and a broiler at the bottom.

From what read he can( should) replace with the same features as the broken one
( 4 burners, oven and Broiler). I did some research at PC Richards and i see some new models do not have a Broiler just a storage space at the bottom.

If LL brings one without a Broiler I plan to reject it since to me this is a loss of a feature that i always had all my life.

I have read the following:
1.Fact Sheet 12. aka Operational Bulletin 2016-1(Revised)
http://www.nyshcr.org/Rent/OperationalB ... o20161.pdf

2.Fact Sheet #35:
Fact sheets 12 and 35 do not address if you are DRIE Tenant in reference to a Stove.

Let me see if i got this above information right since at my age now i am not the sharpest pencil like i used to be.
A. If LL replaces with a used one i pay no rent increase ( Must have Broiler ). Claims this is not an option.
B. If LL buys a new one and i do not sign any papers given to me - That's a No rent increase for the LL. ( see except from Operational Bulletin 2016-1(Revised)) below.

except from Operational Bulletin 2016-1(Revised):
'If there was a tenant in occupancy of the apartment when the improvements were installed, then no rent increase is permitted without the tenant’s written consent to the rent increase. When the IAI is done during a vacancy, tenant consent is not required.

The word ' Improvements '. Does that include NEW Stove ?

C. LL rep told me if i buy it myself i am responsible for all repairs which of course makes
sense. If i go that route i said i want a written email from him that I can do this because
the existing 1960s Imperial Stove is a gonner. This way i have Proof that i cannot be
evicted when the new one comes and they take away the broken one to the Junk heap.
I think also applies refrigerators too.

I prefer option ' A ' and/or 'B' the LL to get it an address this issue.
My goal here is to make sure the Rent does NOT increase. Now i am on DRIE. Does DRIE exaample me from paying any increase. Operational Bulletin 2016-1(Revised) and FDact sheet does not have an example of a DRIE/SCRIE Tenants

Did i make any errors in interpreting the rules, fact sheets, etc regarding a Simple Stove.
Looking for your Professional Advice.

Thank you
Cylon452
 
Posts: 74
Joined: Fri Jan 20, 2012 12:11 pm

Re: Stove Broke

Postby TenantNet » Wed Feb 20, 2019 7:06 am

You have a right to a working stove (actually any appliance supplied by the LL). It's the LL's obligation to:

a) repair the appliance
b) replace with a used working appliance
c) replace with a new appliance.

If the LL can't make repairs, and if he can't obtain a used working stove, then it's his obligation to provide one that is new. There are companies that sell reconditioned stoves, presumably for less than the cost of a new one, but that's not your concern. Any replacement should have the same basic features as the old one. I would not accept one that is lacking in basic features (although don't quibble over small things).

He cannot change you any increases unless you agree to that. (don't sign anything; do not agree to any rent increase; do not pay any rent increase, either in rent bills or lease renewals)

That you are DRIE has no bearing here. If the LL tries to put an illegal increase on your lease renewal, you should a) file a lease complaint with DHCR, abd b) notify the DRIE office. Try the DRIE Ombudsperson at DRIE-Ombuds@finance.nyc.gov

With DRIE and SCRIE, the rent you pay is frozen. Any increase is passed on to the city in the form of tax abatements. If the LL tries that, in my mind that is fraud against the city. Try to get the people at DRIE to understand that any IAI increase is improper in this situation.

If the gas is leaking, call DOB and Con Ed immediately. Leaking gas and an explosion could be fatal. Get the gas turned off ASAP.

Do not buy and install one yourself. That can get complicated and tenants have been evicted for self-help. It might be OK if there's a written agreement, but in my opinion, there should be a reduction in your rent as the LL would no longer be supplying a stove. And why would you spend money for a new stove when the LL's obligation is to provide one for the rent you're paying.
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Re: Stove Broke

Postby Cylon452 » Wed Feb 20, 2019 5:12 pm

Thank you for your advice and quick response. This information you provided will be helpful to others here. Your advice is noted and will be followed to the letter.

The LL will supply the stove ( with the same features ) or any other Kitchen equipment.
i won't quibble over small things. The broiler at the bottom is a must and i will note that in a email to the LL. I don't care what the stove looks like as long as it works.

PS. They turned the Gas off at the value behind the stove. I'm not sure if they have to go to the basement. I do not smell any gas. We here in Boerum Hill had a Gas explosion on State Street in downtown Brooklyn in the year of 2000. I heard it a block away. This was sad.
https://www.nytimes.com/2000/07/12/nyre ... ssing.html
Cylon452
 
Posts: 74
Joined: Fri Jan 20, 2012 12:11 pm

Re: Stove Broke

Postby TenantNet » Wed Feb 20, 2019 5:26 pm

We alerted a person at DRIE of this post. They said:

We are downstream of DHCR and they are the entity that allows for rent increase greater than the prescribed increase by the Rent Guidelines Board (RGB)....

IAI increase are a burden of the tenant - neither SCRIE or DRIE will pick up the cost for IAI.

In short - DOF would increase rent at RGB guidelines and make inquiries regarding IAI or suggest a rent overcharge be filed with DHCR.

Hope this is of some help.
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