Landlord Didn't Notify Tenant That Apartment Was Again Habitable

Tenant complained of a reduction in services after fire damage to an apartment made it uninhabitable. The DRA ruled for tenant and reduced his rent to $1 per month. Landlord later applied for rent restoration following the restoration of services. The DRO ruled for landlord, but set the rent restoration date later than landlord believed was proper. Landlord appealed and lost. Although DHCR inspection on Dec. 17, 2013, showed that services had been restored, there was no proof that tenant had been notified of the repairs or that the apartment could be re-occupied. Under DHCR Policy Statement 90-2, the effective date of a rent restoration order is the first of the month following the date of service on tenant of landlord’s application to restore rent. The DHCR sent tenant landlord’s application on Nov. 4, 2014, so the DRO reasonably set the effective date of rent restoration as Dec. 1, 2014. There was no proof that landlord had otherwise notified tenant of his ability to re-occupy the apartment. The rent reduction order itself acknowledged that landlord should notify tenant of his right to reoccupy the apartment as did the DHCR in a subsequent enforcement proceeding. 

1008 Central Apartments: DHCR Adm. Rev. Docket No. DS710022RO (2/19/16) [3-pg. doc.]