Fire-Damaged Apartment Made Habitable

Tenant complained of a reduction in services after fire damage rendered her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month until the apartment was restored to the point that tenant could move back in. Landlord later filed an application to restore the rent. The DRA ruled for landlord. Tenant appealed, claiming that a number of repairs were still needed. But she had moved back into the apartment. The DHCR ruled against tenant. Under DHCR policy, once tenant moves back into a previously fire-damaged apartment, the rent can be restored to the amount paid before the fire. Landlord isn't required to correct every defect.

Haidt: DHCR Adm. Rev. Dckt. No. HD 410378 RT (4/27/95) [4-page document]