No Proof Tenant Caused Fire Damage to Apartment

Rent-stabilized tenant complained of a reduction in services after a fire damaged his apartment. The DRA ruled for tenant after inspection showed that the refrigerator side and doors were soot-damaged, the bedroom wall had a slight bulge in the plaster work and was not smooth, the living room ceiling wasn't sanded before being painted, the light switch covers in the living room and hallway were missing, the door saddle was missing from the closet, and the wood floor was covered in plaster near the bedroom radiator. Landlord appealed and lost. Landlord claimed that tenant was negligent and caused the fire in the apartment while cooking. But there was insufficient proof that tenant caused the fire. The Fire Department Incident Report noted that the fire started in the cooking area and a spark caused the fire. But this didn't prove that tenant caused the fire. Landlord also claimed that other apartment conditions were simple "wear and tear," but landlord is required to maintain the apartment and repair conditions, including any caused by wear and tear. 

Homewood Garden Estates LLC: DHCR Adm. Rev. Docket No. AN210017RO (5/9/13) [3-pg. doc.]