Fire-Damaged Apartment Habitable Even If Additional Repairs Needed

April 17, 2007

LVT Number: 19522

Tenant complained of a reduction in services after a fire made her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month. Landlord later applied for rent restoration based on restoration of services. The apartment had been restored, and tenant had moved back in on June 3, 2006. The DRA ruled for landlord. Tenant appealed, claiming that some repairs were still needed. In particular, she pointed out that an electrical outlet wasn't working. The DHCR ruled against tenant.

Tenant complained of a reduction in services after a fire made her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month. Landlord later applied for rent restoration based on restoration of services. The apartment had been restored, and tenant had moved back in on June 3, 2006. The DRA ruled for landlord. Tenant appealed, claiming that some repairs were still needed. In particular, she pointed out that an electrical outlet wasn't working. The DHCR ruled against tenant. The apartment was habitable since the date that tenant moved back in, so her rent was restored. If there were any needed repairs, tenant could file a new complaint.

Douglas: DHCR Adm. Rev. Docket No. UJ410008-RT (2/16/07) [2-pg. doc.]

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