Rent Restoration Date Corrected Based on Date Tenant Returned After Fire

Rent-stabilized tenant complained to the DHCR of a reduction in apartment services after a building fire forced her to vacate her apartment on Nov. 12, 2016. The DRA ruled for tenant and reduced her rent to $1 per month  Landlord later filed an application to restore rent in June 2019, claiming that tenant had been restored to possession on April 1, 2019. Tenant disputed that all conditions for which the rent was reduced had been restored. In December 2021, the DRA granted landlord's application effective May 1, 2019. However, the DRA also directed landlord to restore within 30 days the services issues reported during DHCR inspection on March 8, 2021. These included  conditions concerning the apartment entry door, paint/plaster apartment-wide, leaks/stains, floors apartment-wide, electric outlet, windows, and stove/oven. 

Tenant appealed and won, in part. Landlord had provided no proof as to when tenant resumed occupancy and now claimed it might have been after Aug. 24, 2019. The DHCR adjusted the rent restoration date to April 1, 2020, the date tenant claims to have returned to the apartment. The DHCR also ordered that, if landlord hadn't restored the conditions listed in the DRA's order by now, tenant could file a new service reduction complaint.

Groome: DHCR Adm. Rev. Docket No. KN110002RT (2/23/24)[6-pg. document]