Rent Restored After Apartment Made Habitable

LVT Number: #25888

Rent-stabilized tenant complained of a reduction in services. She claimed that her apartment was uninhabitable after a fire. The DRA ruled for tenant and reduced her rent to $1 per month. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord. Tenant appealed and lost.  It was undisputed that tenant had moved back into the apartment. Landlord wasn't required to correct every defective condition and violation in the apartment, as long as it was legally habitable.

Rent-stabilized tenant complained of a reduction in services. She claimed that her apartment was uninhabitable after a fire. The DRA ruled for tenant and reduced her rent to $1 per month. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord. Tenant appealed and lost.  It was undisputed that tenant had moved back into the apartment. Landlord wasn't required to correct every defective condition and violation in the apartment, as long as it was legally habitable. Tenant's complaints were insufficient to bar rent restoration. 

Prendergast: DHCR Adm. Rev. Docket No. BV210016RT (10/22/14) [2-pg. doc.]

Downloads

BV210016RT.pdf673.14 KB