No Proof Tenant Moved Back into Apartment After Fire

The DRA reduced rent-stabilized tenant's rent to $1 after a fire left the apartment uninhabitable. Landlord sought rent restoration some time later, claiming that tenant and subtenant had moved back into the apartment as of Oct. 1, 2006, and that the apartment had now been habitable for several years. The DRA ruled against landlord, who appealed and lost. Landlord failed to submit proof that the original tenant was notified by landlord that the apartment was restored and that tenant resumed occupancy on the date claimed or declined to reoccupy the apartment.

Meridian Realty: DHCR Adm. Rev. Docket No. AN410046RO (3/27/13) [3-pg. doc.]