Our partner, Jarred I. Kassenoff, appeared in Sunday's New York Times Real Estate Section responding to a reader's question.
Here's the piece in its entirety:
Replacing the Fridge in a Stabilized Unit
BY JAY ROMANO
Q I have lived in my rent-stabilized apartment for 16 years. Recently my refrigerator failed, and the owner replaced it. On my next rent bill, however, I was assessed $16.75, an ongoing charge apparently, for the new refrigerator. What are the protocols for appliance replacement in a rented unit? Since I am paying for this, am I free to take it with me if I leave?
A Jarred I. Kassenoff, a Manhattan real estate lawyer, says that unless the tenant caused the damage, "a landlord of a rent-stabilized apartment is legally obligated to repair broken or faulty appliances, such as refrigerators, or provide a working replacement without cost." In this case, the landlord addressed the issue by installing a new refrigerator rather than a used one. But Mr. Kassenoff said a rent increase would be permitted only if both tenant and landlord agreed in writing to the installation of a new unit.
If the tenant had agreed to the new refrigerator, the landlord would be entitled to seek an "individual apartment improvement" rent increase of one-fortieth the cost or, in buildings with more than 35 apartments, one-sixtieth. That surcharge would then be added to the tenant's monthly rent. Even in that case, however, the tenant is not entitled to take the fridge with her.