Tenant Entitled to Replacement Apartment

Tenant complained of a reduction in services after a fire rendered his apartment uninhabitable. The DRA ruled for tenant and reduced his rent to $1 per month. Landlord appealed. Landlord didn't dispute the rent reduction, but asked the DHCR to modify its order. Landlord argued that the order should state that tenant had a right to move back only if his apartment was restored to its former condition. Landlord claimed that if the building was gut renovated or a new apartment was created, tenant wouldn't have a right to occupy the new apartment. The DHCR ruled against landlord. DHCR policy may relieve landlord from having to offer a better quality apartment to tenant if the building was rebuilt. But tenant would still be entitled to occupy an apartment similar to his old apartment in the new building. If the original building remained, tenant was entitled to reoccupy his former apartment if the apartment was restored.

Horizon Realty Corporation: DHCR Adm. Rev. Docket No. VG110008RO (4/18/08) [2-pg. doc.]