Rent Restored After DOB Vacate Order Lifted

Tenant complained of a reduction in services after DOB issued a vacate order for the building due to unsafe conditions. The DRA ruled for tenant and reduced his rent to $1 per month effective June 13, 2008. Landlord later sought rent restoration when the DOB vacate order was lifted on Sept. 12, 2008. Tenant claimed that the apartment still had conditions making it uninhabitable. The DRA ruled for landlord and restored tenant’s rent. Tenant appealed and lost. The DHCR inspection showed that while there were various defects in the apartment, appliances, hot and cold water, gas, and electricity all were working, and there was no sign of smoke, fire, or water damage, except for some water damage to the bathroom walls and ceiling. But that condition wasn’t part of the reason that tenant’s rent was reduced.

Franklin: DHCR Adm. Rev. Docket No. XH410005RT (2/12/10) [2-pg. doc.]