Effective Date Made Later

LVT Number: 17896

Tenant complained of a reduction in services based on a fire in his apartment. The fire made the apartment uninhabitable. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord, restoring tenant's rent as of Jan. 1, 2003. Tenant appealed, claiming that the apartment was still uninhabitable. The DHCR ruled for tenant in part, restoring the rent as of April 2004. By this later date, the electrical work was certified, the lead testing was completed, and tenant's bathroom sink was connected.

Tenant complained of a reduction in services based on a fire in his apartment. The fire made the apartment uninhabitable. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord, restoring tenant's rent as of Jan. 1, 2003. Tenant appealed, claiming that the apartment was still uninhabitable. The DHCR ruled for tenant in part, restoring the rent as of April 2004. By this later date, the electrical work was certified, the lead testing was completed, and tenant's bathroom sink was connected. The DHCR rejected tenant's claim that electricity wasn't restored by April 2004. The tenant himself had terminated the account with Con Ed, and so if electricity wasn't being provided, it was tenant's own fault.

Aracena: DHCR Adm. Rev. Dckt. No. SH410042RT (12/2/04) [3-pg. doc.]

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