No Proof Tenant Caused Fire

September 22, 2018

LVT Number: #28627

Rent-stabilized tenant complained of a reduction in services when her apartment became uninhabitable following a fire. The DRA ruled for tenant and reduced her rent to $1 per month until habitability was restored. Landlord appealed and lost. Landlord claimed that no rent reduction was warranted because the fire was caused by tenant's negligence. Landlord said that tenant had put up unauthorized and illegal partition walls, complete with electrical installation. Landlord also said that excessive tenant clutter exacerbated the fire.

Rent-stabilized tenant complained of a reduction in services when her apartment became uninhabitable following a fire. The DRA ruled for tenant and reduced her rent to $1 per month until habitability was restored. Landlord appealed and lost. Landlord claimed that no rent reduction was warranted because the fire was caused by tenant's negligence. Landlord said that tenant had put up unauthorized and illegal partition walls, complete with electrical installation. Landlord also said that excessive tenant clutter exacerbated the fire. But the Fire Department's incident report stated only that the fire started in combustible material -- wiring -- in the living room north wall in the apartment. The DRA correctly reduced tenant's rent.

Linden Heights LLC: DHCR Adm. Rev. Docket No. FU210003RO (7/6/18) [2-pg. doc.]

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