Can My Landlord Charge Me for My Broken Fridge?

Can the tenant purchase a new one with a clause stating it is the property of the tenant? Not suggesting they should spend the money when it is the landlords responsibility however, since the landlord stated he would raise the rent, and repeated efforts to repair it are futile, I would try to come to some agreement so as not to upset the apple cart.

BTW, the landlord could always refuse to offer you a new lease.

Same situation for many and I suggest you write the Mayors Office just so you document your complaint. Even though the Mayors Office of Constituent Services does nothing, and please contact all your local elected officials. One would think the Public Advocate could help, but Tish James office was AWFUL and this kind of tenant abuse should be addressed to the Real Estate Division of the AG's office that she now runs. A worker refrigerator is a simple request and not that expensive of a cost for a landlord.

Same situation occurred with me. My fridge died and the building replaced it with a used one, which died again this summer. My building tried to pass a monthly charge to me which I was not going to pay. In the end, I bought a new fridge and made it clear I would take it with me should I ever move out of my rent-stabilized apartment. I attempted to split cost but no response. I haven't had a spoiled item since. Food is costly and old appliances eventually create waste.

I would imagine that in regard to this issue the provisions of the Lease control. If the Lease mentions that the premises includes a refrigerator then it seems to me that that implies that the refrigerator be a working refrigerator. If the Lease is silent on the subject then you may be stuck. On the other hand there might be a provision in the Lease which specifically addresses this issue. In that case whatever it says controls.

That advice could take months to execute. Just call 311.

How charitable of the columnist to ask " S where did your landlord get the idea...." How droll.

Given that your landlord is speaking of increases for a new fridge, it is very likely that you ARE rent stabilized. If you have not already done so, obtain your unit's rental history. You may be surprised to see your own name listed as a stabilized tenant; some landlords will provide you with a market-rate lease and yet still register your apartment as stabilized with the state in order to remain in compliance. Download DHCR form REC-1. Fill in your name and address in section 1 on the left and the address of the building and the name of the LLC you pay rent to, or the management company, on the right. Check "I am the ... tenant" and make sure to say "yes" to the question about "does this need to be certified." Under section 7, check "individual apartment rental history," fill in your apartment number and request for years 1984-2019. If you wish, put your phone number and email. Sign and date the form, send to DHCR in Jamaica, and in 2-3 weeks you will know the name of every tenant in your apartment since 1984, and how much they were paying. You can compare this to the "jobs" filed with DOB on the BISweb site to see if the landlord has done any improvements to justify your apartments status as market-rate. A great number of NYC apartments have been removed from rent stabilization unlawfully. Caveat emptor.

A lease is the lease and it’s a contract for that price for that set amount of time. I think it’s totally wrong for the landlord to threaten an increase for a basic necessity in an apartment. Jerk move.

Taking a legalistic approach here may not be the smart move. The rent increase is very modest in absolute value ($17/month) and, I assume, in percentage of the rent (a market rate UWS apartment presumably rents at least 1,500 even if very small). So, I would not get on my landlord bad side for such a small amount of money, if I wanted to stay in the apartment longer than the current lease duration. The letter writer does not have the protection of a rent stabilized lease and the cost of a move would be many, many times that of the increase in yearly rent.

This has happened to me twice - once in the rent-stabilized apartment in which I lived for twenty-seven years in Washington Heights -- and then - more recently in the three-family private home where I've been for the past fifteen years -- The first refrigerator simply broke down completely - while the second one - after a $200 repair paid for by the landlord - was more like the one cited in the letter here -- In both cases - I approached the landlord with an offer they were happy to accept -- Realizing a new, basic, standard fridge would cost about $500 - while also realizing - (at the time) - I would most likely continue living in each apartment for a number of years more -- I offered to split the cost of the new unit, with the understanding that it would be the sole property of the landlord -- In both cases - the landlords were immediately amenable to that proposition willing to proceed -- The new fridge in Washington Heights - back in the mid-nineties - cost around $400 - and I was happy to pay the $200 to have a new fridge and avoid a rent increase -- Last summer - when my current fridge was no longer operating efficiently - even after a $200 repair job - I took it upon myself to do the research - find a local outlet with an excellent selection - at a reasonable cost - and offered to contribute towards the purchase -- My landlord was happy to agree - and I love our new fridge -- Sometimes a more personal approach is preferable to a legal dispute...

I have known of tenants who bought their own refrigerators as the replacements provided by the building owners were so miserable. One had a very strong odor of curry that could not be removed even by extreme cleaning. I always considered refrigerators to be remarkable machines that can last for decades while running 24/7. They do not, however, last forever and calling repairmen can add up after a point.

Were I the tenant I would consider also including a copy of this column with my letter and referring to it in the letter.