Landlord Must Apply for Rent Restoration

Tenant complained of a reduction in services after fire damaged his apartment. The DRA ruled for tenant and reduced his rent to $1 per month because tenant couldn't live in the apartment after the fire. Landlord appealed, claiming that the apartment had been completely renovated and that the rent should be restored. The DHCR ruled against landlord. If the apartment was restored to a habitable condition and tenant restored to possession, landlord must file a rent restoration application with the DHCR before tenant's rent can be restored to the level in effect before the date of the fire.

Eight Avenue at 49th Street Part, LLP: DHCR Adm. Rev. Docket No. WE410065RO (8/8/08) [2-pg. doc.]