Rent Reduced to $1 for Unsafe Apartment

Tenant complained of a reduction in services after the Fire Department issued a Vacate Order for his apartment. The DRA ruled for tenant and reduced his rent to $1 per month. Landlord appealed, claiming that the apartment was closed by the Fire Department because tenant put up illegal partitioning. The DHCR ruled against landlord. The Vacate Order was issued upon the Fire Department's finding that conditions in the apartment were dangerous to life in the event of a fire. Landlord submitted no proof to the DHCR that tenant caused the dangerous condition. As long as the Vacate Order was in place, the DHCR could reduce tenant's rent. Landlord could seek rent restoration when tenant was restored to occupancy.

521 Properties Corp.: DHCR Adm. Rev. Docket No. VL410046RO (3/20/08) [2-pg. doc.]