Tenant Claims Landlord Didn't Let Him Move Back into Apartment

Rent-stabilized tenant filed a rent reduction application after a fire in December 2020 resulted in an HPD Vacate Order for tenant's Apt. No. 3. The DRA ruled for tenant and reduced his rent to $1 per month while the unit remained uninhabitable. Landlord also moved tenant into Apt. 7 while Apt. 3 was uninhabitable. In June 2021, landlord filed a rent restoration application, claiming that Apt. No. 3 was restored for occupancy on June 16, 2021, when HPD had lifted the Vacate Order, and that landlord had advised tenant that the apartment was ready. In response to notice from the DRA of landlord's rent restoration application, tenant agreed that all conditions were restored. The DRA ruled for landlord and restored the apartment rent.

Tenant appealed and lost. Tenant now claimed that landlord refused to allow him to move back into Apt. 3 but instead rented that unit to a new tenant. Landlord also demanded a new security deposit from tenant for Apt. 7. Tenant also claimed that Apt. 7 had habitability issues. The DHCR ruled against tenant. Tenant had answered the rent restoration application by acknowledging that Apt. 3 was ready for his renewed occupancy. Tenant now raised new issues in his PAR that the DHCR couldn't address. Tenant also had filed a complaint with the DHCR based on landlord's failure to renew his lease for Apt. 3.

Gutterman: DHCR Adm. Rev. Docket No. KS420004RT (2/16/23)[4-pg. document]