Fire Didn't Cause Tenant to Vacate

LVT Number: #24842

Rent-stabilized tenant complained of a reduction in services after his second bedroom was destroyed by a fire that occurred in the apartment below. The DRA ruled for tenant and reduced tenant's rent to $1 per month. Landlord appealed and won in part. Tenant didn't vacate the apartment as a result of the fire damage. So it was improper for the DRA to reduce tenant's rent to $1. Instead, tenant's rent should be reduced to the level in effect prior to the most recent guidelines adjustment in effect on Jan. 10, 2012, the date of the fire. 

Rent-stabilized tenant complained of a reduction in services after his second bedroom was destroyed by a fire that occurred in the apartment below. The DRA ruled for tenant and reduced tenant's rent to $1 per month. Landlord appealed and won in part. Tenant didn't vacate the apartment as a result of the fire damage. So it was improper for the DRA to reduce tenant's rent to $1. Instead, tenant's rent should be reduced to the level in effect prior to the most recent guidelines adjustment in effect on Jan. 10, 2012, the date of the fire. 

Ljesnjanin: DHCR Adm. Rev. Docket No. AP210022RO (4/26/13) [4-pg. doc.]

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