Landlord Claims Tenant Started Fire

Tenant complained of a reduction in services after a fire in his apartment forced him to move out temporarily. The DRA ruled for tenant and reduced his rent to $1 per month while the apartment was being repaired. Landlord appealed and lost. Landlord claimed that tenant started the fire. However, a fire department report stated that the fire was started accidentally in bedding material and that tenant claimed that a discarded match caused the fire. But the report did not find that tenant was the sole cause of the fire. The report also did not state any opinion as to who or what caused the fire. The DHCR said that unless landlord obtains an eviction warrant in court against tenant, tenant is entitled to pay $1 per month until the apartment is habitable.

Grand Bogardus, LLC: DHCR Adm. Rev. Docket No. UD410009RO 8/25/06 [3-pg. doc.]