Improvements Made After Fire

Rent-stabilized tenant moved out of apartment temporarily because of a fire. Landlord applied for permission to increase tenant's rent by 1/40th of the cost of apartment restoration. The DRA ruled for landlord and granted a 1/40th increase, minus the amount reimbursed to landlord under a fire insurance policy. Tenant appealed, claiming that he didn't cause the fire and that landlord didn't consult with him about the apartment renovations. The DHCR ruled against tenant. In cases concerning renovations after a fire, the DHCR generally permits landlord to collect 1/40th rent increases for any portion of the cost of renovations not covered by fire insurance. It didn't matter how the fire started. And landlord doesn't have to consult with tenant about the work to be done.

Campbell: DHCR Adm. Rev. Dckt. No. TC120042RT (5/19/05) [3-pg. doc.]