Fire Damage Repaired by the Time of DHCR Inspection

Rent-stabilized tenant complained of a reduction in services following a fire at the building. In July 2019, tenant complained that the front room ceiling collapsed, insulation detached, and there was water damage and debris everywhere. Landlord claimed that repairs had been made by early September 2019. No DOB vacate order was issued for tenant's apartment, and tenant did not in fact move out at any time. By the time of DHCR inspection in November 2019, the agency found no evidence of fire damage and that the apartment was habitable. The DRA ruled against tenant since, by the time of DHCR inspection, any damage had been repaired. Tenant appealed and lost. Tenant argued that he should've received a rent reduction for the period before the damage was corrected. But the DRA's decision was consistent with DHCR policy and no rent reduction was warranted. 

Vasquez: DHCR Adm. Rev. Docket No. HX210031RT (1/22/21) [2-pg. doc.]