Incoming Tenant Can't Move into Apartment at Start of Lease

Tenant was unable to move into rent-stabilized apartment on the start date of his vacancy lease. He claimed the apartment wasn't yet habitable. He asked the DHCR if, under those circumstances, he had to pay rent for the days the apartment wasn't ready. In an opinion letter, the DHCR said, possibly, no. In other similar situations, the DHCR has ordered landlords to refund rent for a period when tenant couldn't occupy the apartment because landlord didn't make the apartment available to the incoming tenant. In those cases, there was no factual dispute as to whether or not the apartment was available, and landlords hadn't taken steps to compensate tenants---such as by providing another apartment or installing improvements at no cost to tenant. The DHCR advised tenant that if there was a dispute over the facts here, a court---not the DHCR---would have to decide the issue.

DHCR Opin. Ltr. by Nathanial Geller (10/28/92) [2-page document]