Fire Damage Repaired

Tenant complained of a reduction in services after a fire left her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month as of June 25, 2002, and until such time as the repairs were made. Landlord later applied for a rent restoration based on the restoration of services. The DRA ruled for landlord and restored tenant's rent, effective July 11, 2006. Landlord appealed, claiming that the effective date of the rent restoration should be July 11, 2003. This was the date when the HPD revoked a vacate order based on that agency's inspection. The DHCR ruled for landlord in part. Landlord didn't file the rent restoration application until March 2006. Therefore, the effective date of rent restoration should be April 1, 2006. Landlord had filed a prior rent restoration application. That application was denied in September 2004 because landlord didn't state when the apartment was restored, whether tenant was notified, or whether tenant had moved back in.

Macnish-Lenox LLC: DHCR Adm. Rev. Docket No. UG210030-RO (1/12/07) [3-pg. doc.]