Rent Reduced to $1 After Fire

Rent-stabilized tenant complained of a reduction in services after a fire at the building caused her to involuntarily vacate. The DRA ruled for tenant and reduced her rent to $1 per month pending restoration of the apartment. Landlord appealed and lost. Landlord claimed that landlord should pay full rent for January and February 2011 because it acted promptly to restore apartment services after the fire, that the fire occurred five floors above tenant's apartment, that HPD's vacate order was lifted two days after the fire, that landlord advised tenant that she could return to the apartment at the end of December 2010, and that tenant didn't respond to landlord's phone call. Tenant attended a community meeting where the city informed her that she could move back into the apartment. But landlord said that tenant refused to do so and made unrelated complaints about the apartment. Tenant claimed that the apartment remained uninhabitable after the vacate order was lifted, that there was extensive water damage causing wall and ceiling chipping, black mold, and soot. DHCR inspection in February 2011 found that natural gas service hadn't been restored and that the floors needed sanding and polishing. The inspector found no fire, water, or smoke damage to the apartment. However, landlord submitted insufficient proof that tenant had been informed that the apartment was ready for reoccupancy during January and February 2011.

Kalikow Family Partnership, LP: DHCR Adm. Rev. Docket No. ZD110026RO (3/23/12) [3-pg. doc.]