No Rent Reduction Where Rent-Controlled Tenant Caused Fire

Rent-controlled sought rent reduction following a fire in his apartment that caused him to vacate. The DRA ruled for tenant and reduced his rent to $1 per month until the apartment was restored and habitable. Landlord appealed and won, claiming that tenant caused the fire. The DHCR ruled for landlord. DHCR policy recognizes that a rent reduction may be inappropriate when a landlord shows that tenant's negligence was a factor in a decreased service. Landlord submitted compelling proof that tenant caused the fire. The FDNY Fire Incident Report concluded that the fire occurred because tenant was smoking in bed and fell asleep. [Download PDF of decision here.]

Lucky Jab Realty Corp.: DHCR Adm. Rev. Docket No. EU420052RO (5/19/17) [2-pg. doc.]