Apartment Uninhabitable After Boiler Explosion

Rent-stabilized tenant complained in May 2010 of a reduction in services after a boiler explosion and fire caused her to move out voluntarily in April 2009. The DRA ruled for tenant and reduced her rent to $1 per month effective from April 2009 until the apartment was restored. Landlord appealed, claiming that tenant moved out without leaving a forwarding address, paid no rent between May 2009 and May 2010, and didn't respond to landlord's July 2009 lease renewal offer. Landlord also pointed out that no city agency had issued a vacate order for tenant's apartment. The DHCR ruled against landlord. It didn't matter that there was no vacate order. The gas explosion and fire substantially damaged the building. Tenant's kitchen and bathroom were destroyed, and the whole apartment was water damaged. The DHCR had ordered rent reductions for two other tenants who filed in 2009. Landlord had started no eviction proceeding against tenant for nonpayment or lease nonrenewal, and tenant had now sent landlord $12 to cover the rent unpaid since the fire. Nonrenewal of tenant's lease didn't affect the rent reduction.

571 39th Street: DHCR Adm. Rev. Docket No. YH210024RO (2/25/11) [5-pg. doc.]