Apartment Uninhabitable

August 31, 2002

LVT Number: 16093

Tenant complained of a reduction in services based on fire damage to his apartment. The DRA ruled for tenant and reduced his rent to $1.00 per month for the period that the apartment was uninhabitable. Landlord appealed, claiming that the apartment was habitable, since tenant never had to move out of the apartment after the fire. The DHCR ruled against landlord. An inspection showed that there were missing bathroom fixtures and flooring and damaged walls throughout the apartment. In addition, HPD had issued a violation report citing hazardous apartment conditions as a result of the fire.

Tenant complained of a reduction in services based on fire damage to his apartment. The DRA ruled for tenant and reduced his rent to $1.00 per month for the period that the apartment was uninhabitable. Landlord appealed, claiming that the apartment was habitable, since tenant never had to move out of the apartment after the fire. The DHCR ruled against landlord. An inspection showed that there were missing bathroom fixtures and flooring and damaged walls throughout the apartment. In addition, HPD had issued a violation report citing hazardous apartment conditions as a result of the fire. These included missing bathroom fixtures, lack of hot and cold water, missing flooring, and broken plastered surfaces.

Jovin III LLC: DHCR Admin. Rev. Dckt. No. QF210075RO (8/14/02) [2-pg. doc.]

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