Tenant's Possible Negligence Doesn't Preclude Rent Reduction Based on Fire

Rent-stabilized tenant complained to the DHCR of a reduction in services. Tenant's apartment had become uninhabitable after a fire. The DRA ruled for tenant and reduced his rent to $1 per month while the apartment was being restored. The DRA also noted that tenant had moved back in after several months and therefore also restored the rent as of that date. Landlord appealed and lost. Landlord argued that tenant's negligence caused the fire, so tenant shouldn't receive a rent reduction. A Fire Marshal's Investigation Report indicated that the fire originated in the apartment kitchen and identified the cause as food on the stove. The DHCR found that the Fire Marshal's Report contained insufficient information to conclude whether tenant was negligent. Landlord could pursue a court claim concerning tenant's alleged negligence.

300 Wadsworth LLC: DHCR Adm. Rev. Docket No. GN410021RO (3/27/19) [3-pg. doc.]