Apartment Renovated After Fire

Rent-stabilized tenant complained of a rent overcharge. At the time of a building fire in 1997, her rent was $442 per month. Tenant was forced to move out after the fire and didn't move back in until 2001, after landlord renovated the building. Landlord then charged tenant $783 per month. The DRA ruled against tenant. Tenant appealed and lost. Landlord had bought the vacant building in 1998, after the fire. Landlord renovated the building without using any insurance proceeds. Landlord showed that it had spent more than $11,000 to renovate tenant's apartment, and additional money to make building-wide improvements. Even though tenant paid $1 per month for rent while she was out of the apartment, the apartment was vacant during this time, and landlord was entitled to charge tenant a 1/40th rent increase for apartment renovations without tenant's consent. Landlord also was entitled to collect from tenant 1/84th of the $12,000 cost for building improvements.

Valdez: DHCR Adm. Rev. Docket No. UF610002RP (9/12/06) [3-pg. doc.]