Rent Reduced to $1 per Month After Fire

April 30, 2005

LVT Number: 18088

Tenant complained of a reduction in services. His apartment was made uninhabitable after a fire. The DHCR ruled for tenant and reduced his rent to $1 per month. Landlord appealed. Landlord questioned tenant's rent-stabilization status and the amount of the rent reduction. The court and appeals court ruled against landlord. The DHCR's finding that the apartment reverted to rent stabilization after deconversion from cooperative status in 1996 was reasonable. The DHCR didn't have to establish the proper rent-stabilized rent before setting the amount of tenant's rent reduction.

Tenant complained of a reduction in services. His apartment was made uninhabitable after a fire. The DHCR ruled for tenant and reduced his rent to $1 per month. Landlord appealed. Landlord questioned tenant's rent-stabilization status and the amount of the rent reduction. The court and appeals court ruled against landlord. The DHCR's finding that the apartment reverted to rent stabilization after deconversion from cooperative status in 1996 was reasonable. The DHCR didn't have to establish the proper rent-stabilized rent before setting the amount of tenant's rent reduction. The apartment was already uninhabitable at that time.

1000 LLC v. Calogero: NYLJ, 4/14/05, p. 24, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Saxe, Friedman, Catterson, JJ)

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