Fire Damage Affected Apartment for Two Months Only

LVT Number: 19368

Tenant complained of a reduction in services after a fire left her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month for a two-month period between March and May 2006. Tenant appealed, asking the DHCR to continue her rent reduction based on hardship. The DHCR ruled against tenant. The fire occurred on March 20, 2006. After the fire, the HPD had issued a vacate order. But on May 11, 2006, the HPD had lifted the vacate order following an inspection that showed that the apartment was again inhabitable.

Tenant complained of a reduction in services after a fire left her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month for a two-month period between March and May 2006. Tenant appealed, asking the DHCR to continue her rent reduction based on hardship. The DHCR ruled against tenant. The fire occurred on March 20, 2006. After the fire, the HPD had issued a vacate order. But on May 11, 2006, the HPD had lifted the vacate order following an inspection that showed that the apartment was again inhabitable. The DRA had properly limited tenant's rent reduction to the period when the apartment was uninhabitable.

George: DHCR Adm. Rev. Docket No. UG210014-RT (11/21/06) [2-pg. doc.]

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