Rent Restoration Date Delayed

The DRA reduced rent-stabilized tenant's rent based on a reduction in services. Landlord later filed an application to restore rent based on the restoration of services. The DRA ruled for landlord. Tenant appealed and won, in part. DHCR policy and practice dictate that if an owner restores a fire-related damaged apartment to habitability and tenant advises that occupancy has resumed, the rent may be restored to the level in effect before the fire effective on the date that tenant is restored to occupancy. Tenant's rent was reduced to $1 per month effective April 11, 2016. Landlord claimed that tenant was restored to occupancy as of May 1, 2016. Tenant claimed that she wasn't restored to possession by May 1, 2016, and that certain items still hadn't been repaired. The DHCR changed the rent restoration date to June 1, 2016, based on the fact that certain work was still being done in the apartment during May 2016. 

Wright: DHCR Adm. Rev. Docket No. FQ410037RT (5/31/18) [4-pg. doc.]