Cause of Fire Damage to Tenant's Apartment Undetermined

LVT Number: #20415

Tenant complained of a reduction in services. Tenant had to move out of his apartment temporarily after a fire. The DRA ruled for tenant and reduced his rent to $1 per month until he was restored to occupancy. Landlord appealed, claiming that tenant caused the fire. The DHCR ruled against landlord. Landlord said that a report from the Fire Department stated that the fire was caused by an open flame. But the official report from the Fire Department stated that the cause of the fire was undetermined and makes no mention of any candle.

Tenant complained of a reduction in services. Tenant had to move out of his apartment temporarily after a fire. The DRA ruled for tenant and reduced his rent to $1 per month until he was restored to occupancy. Landlord appealed, claiming that tenant caused the fire. The DHCR ruled against landlord. Landlord said that a report from the Fire Department stated that the fire was caused by an open flame. But the official report from the Fire Department stated that the cause of the fire was undetermined and makes no mention of any candle. It was undisputed that the fire extensively damaged the apartment and that tenant was forced to vacate because the apartment became uninhabitable.

Gerel Corp.: DHCR Adm. Rev. Docket No. VK410070RO (3/7/08) [3-pg. doc.]

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