Apartment Had Smoke Damage and No Gas Service After Fire

Rent-stabilized tenant complained of a reduction in services. He claimed that he was forced to vacate his apartment after a fire. Landlord claimed that tenant didn’t move out and that any damage was minimal. DHCR inspection showed that gas supplied to the apartment had been shut off, that there was smoke damage to the hallway walls and ceiling and to the bathroom walls and ceiling, and that the bedroom floor was repaired in an unworkmanlike manner. Tenant told the inspector that he had moved out for 10 days. The inspector found that the apartment was habitable. Neither DOB nor HPD had issued a vacate order. The DRA ruled for tenant and reduced his rent by a guidelines increase. Landlord appealed and lost, claiming that tenant wasn’t required to vacate. But the DRO didn’t reduce tenant’s rent to $1 per month due to uninhabitability. At the time of inspection, there was no gas service and there was smoke damage. These weren’t de minimis conditions.

600 Trinity LLC: DHCR Adm. Rev. Docket No. DT610062RO (2/26/16) [3-pg. doc.]