Tenant Didn't Interfere with Repairs After Fire

LVT Number: #20548

Tenant complained of a reduction in services following a November 2005 fire in his apartment. Tenant had to move out of the apartment because of the fire damage. The DRA ruled for tenant and reduced his rent to $1 per month until the apartment became habitable. Landlord appealed, claiming that tenant refused to give landlord an apartment key and therefore landlord couldn't make repairs. In January 2006, HPD issued a vacate order. Repairs were made after that, and HPD revoked the vacate order in February 2006. The DHCR ruled against landlord.

Tenant complained of a reduction in services following a November 2005 fire in his apartment. Tenant had to move out of the apartment because of the fire damage. The DRA ruled for tenant and reduced his rent to $1 per month until the apartment became habitable. Landlord appealed, claiming that tenant refused to give landlord an apartment key and therefore landlord couldn't make repairs. In January 2006, HPD issued a vacate order. Repairs were made after that, and HPD revoked the vacate order in February 2006. The DHCR ruled against landlord. Landlord's own documents showed that tenant gave access to fire inspectors and insurance adjusters after the fire. No repairs could be done until this investigation was completed. After that, tenant was willing to meet at the building on or before Dec. 12, 2005, to help expedite repairs.

Manhattan Beach Estates Assoc.: DHCR Adm. Rev. Docket No. WA210059RO (4/4/08) [3-pg. doc.]

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