No Proof Tenant Caused Apartment Fire

Rent-stabilized tenant complained of a reduction in services. His apartment was uninhabitable after an apartment fire. The DRA ruled for tenant and reduced his rent to $1.00 per month until the apartment was restored to a livable condition. Landlord appealed, claiming that tenant started the fire. Landlord also claimed that tenant didn't cooperate with him. Landlord said he had mailed letters to tenant requesting that tenant remove the rubbish from the apartment. In response, tenant said he didn't start the fire. Tenant also said that the apartment disarray was caused by the fire department. Tenant was physically disabled and unable to clear the rubbish from the apartment. The DHCR ruled against landlord. There was no proof that tenant caused the electrical fire. Also, landlord didn't adequately notify tenant to clear the apartment. Landlord was required to mail tenant two certified letters with return receipt requested at least eight days before the scheduled access date.

Ventura: DHCR Adm. Rev. Docket No. VB420045RO (9/28/07) [2-pg. doc.]