Rent Cut Reduced Where Fire Destroyed One Room

Tenant complained of a reduction in services. An accidental fire destroyed one entire room of his apartment, which needed to be rebuilt. Tenant asked for a rent cut based on the loss of space. Tenant was otherwise able to occupy the apartment, and all utilities still operated. Landlord claimed that he intended to make repairs as soon as he got permission from his insurance company. The DRA reduced tenant's rent from $385 to $1 per month, and landlord appealed. Tenant lost only 20 percent of his apartment space due to the fire and didn't have to vacate. The DHCR found that the rent shouldn't have been reduced to only $1. This type of rent cut is authorized by the Rent Stabilization Code in cases where a tenant is forced to vacate an apartment because it is legally uninhabitable. Since tenant merely suffered a reduction in space, the DHCR reduced tenant's rent to the level in effect prior to the most recent Guidelines adjustment

[Brusco: DHCR Adm. Rev. Dckt. No. BL 410311-RO (12/16/92)]. 3-page document.