Apartment Renovated After Fire

Tenant complained of a rent overcharge. Tenant was forced out of her apartment for a while after a fire. After landlord renovated the apartment and tenant moved back, landlord charged tenant $1,100 per month. The DRA ruled for tenant to the extent that her rent was limited to $750 per month under a preferential rent agreement with landlord. Tenant appealed and lost. Because landlord altered the apartment after the fire and reduced its size, landlord was entitled to a first rent. The $750 monthly rent paid by tenant should be considered a first rent, not a preferential rent.

Fernandez: DHCR Admin. Rev. Dckt. No. PF410054RT (1/9/02) [2-pg. doc.]