Tenant's Rent Reduced to $1 Per Month After Fire

LVT Number: #31139

Rent-stabilized tenant complained of a reduction in services. He claimed that he was forced to move out after a fire occurred in his apartment. The DRA ruled for tenant and reduced his rent to $1 per month while the apartment couldn't be occupied. Landlord appealed, claiming that tenant caused the fire.

Rent-stabilized tenant complained of a reduction in services. He claimed that he was forced to move out after a fire occurred in his apartment. The DRA ruled for tenant and reduced his rent to $1 per month while the apartment couldn't be occupied. Landlord appealed, claiming that tenant caused the fire.

The DHCR ruled against landlord. Landlord argued that the fire was caused by tenant's negligence and submitted a FDNY Fire Incident Report that indicated that the fire resulted from a "careless discard of smoking item," specifically a cigarette or cigar. The report also said that the fire originated in rubbish located in the southwest corner of the apartment's balcony. Landlord said it had also previously notified tenant that the way tenant kept the balcony was a fire hazard. The DHCR noted that the Fire Incident Report was dated Sept. 26, 2019, the DRA order was issued on Oct. 17, 2019, and landlord submitted the Fire Report for the first time during the PAR proceeding. Landlord didn't explain why the report wasn't submitted to the DRA before the rent reduction order was issued. So the DHCR wouldn't consider the new evidence.

The George Units LLC: DHCR Adm. Rev. Docket No. HV410218RO (10/29/20) [2-pg. doc.]

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