Landlord Claims Tenant's Husband Caused Apartment Fire

May 31, 1993

LVT Number: 7046

Tenant complained that a fire made her apartment uninhabitable and that landlord asked her to pay for all repairs. The DRA reduced tenant's rent to $1.00 per month and directed landlord to make repairs. Landlord appealed, claiming that tenant's husband caused the fire and that tenant had agreed to pay for all damages. The DHCR denied landlord's PAR. The DHCR can't determine who's responsible for the cost of repairs in this situation. But, landlord must continue providing the space and services tenant had before the fire, even if tenant caused the damage. Landlord must make repairs.

Tenant complained that a fire made her apartment uninhabitable and that landlord asked her to pay for all repairs. The DRA reduced tenant's rent to $1.00 per month and directed landlord to make repairs. Landlord appealed, claiming that tenant's husband caused the fire and that tenant had agreed to pay for all damages. The DHCR denied landlord's PAR. The DHCR can't determine who's responsible for the cost of repairs in this situation. But, landlord must continue providing the space and services tenant had before the fire, even if tenant caused the damage. Landlord must make repairs.

Sikdar: DHCR Adm. Rev. Dckt. No. BK 610076-RO (4/8/93) [3-page document]

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