DHCR Rent Restoration Made Effective on the Date DOB Vacate Order Was Rescinded

Rent-controlled tenant complained to the DHCR in September 2020 after DOB issued a Vacate Order based on a July 30, 2020, fire at the building. Tenant said that, as a result of the fire, she had no access to the building or her apartment. The DRA ruled for tenant and reduced her rent to $1 per month effective July 30, 2020. Landlord filed a first rent restoration application in March 2021. The DRA denied that "OR" application in February 2022 based on a finding that landlord failed to submit information needed to process the case. 

Landlord later filed a second OR application on Aug. 29, 2022, claiming that tenant was restored to occupancy on Feb. 26, 2021. The DRA granted landlord's second rent restoration application in March 2023, and made the rent restoration effective as of Feb. 26, 2021. The DRA had reviewed DOB and HPD records and found no violations remained on record in connection with the fire.

Tenant appealed and won, in part. The DHCR modified the rent restoration order to state that rent was restored effective March 22, 2022, which was the date that DOB fully rescinded its Vacate Order. 

Mar: DHCR Adm. Rev. Docket No. LP420006RT (6/9/23)[4-pg.document]