Landlord Must Restore Tenant to Occupancy After Fire

April 30, 1997

LVT Number: 11424

Landlord asked the DHCR if he could terminate tenancies of rent-regulated tenants after DOB issued a vacate order for the building. In an opinion letter, the DHCR said no. Fire damage and issuance of vacate orders didn't end the tenancies. At tenant's request, the DHCR will issue an order giving tenant the right to move back in after landlord repairs the damage or hazardous conditions, as long as tenant pays $1 in the meantime.

Landlord asked the DHCR if he could terminate tenancies of rent-regulated tenants after DOB issued a vacate order for the building. In an opinion letter, the DHCR said no. Fire damage and issuance of vacate orders didn't end the tenancies. At tenant's request, the DHCR will issue an order giving tenant the right to move back in after landlord repairs the damage or hazardous conditions, as long as tenant pays $1 in the meantime.

DHCR Opin. Ltr. by Charles Goldstein (9/30/96) [2-page document]

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