Rent Restoration Date Delayed

Tenant complained of a reduction in services due to a fire in his apartment in July 2004. The DRA ruled for tenant and reduced his rent to $1.00 per month until the apartment could be reoccupied. Landlord later applied for rent restoration in December 2006 based on restoration of the apartment. The DRA ruled for landlord but made the effective date of rent restoration Feb. 1, 2007. Landlord appealed, claiming that tenant moved back into the apartment on Aug. 16, 2005, and that rent restoration should have been made retroactive to that date. The DHCR ruled against landlord. Feb. 1, 2007 was the date the notice of landlord's rent restoration application was given to tenant. Landlord delayed 15 months in filing its rent restoration application. Landlord claimed that it delayed its rent restoration filing due to a pending nuisance eviction case against tenant. But there was no court ruling and no reasonable excuse for landlord's delay that should cause the rent restoration date to be made earlier.

SBE 89 LLC: DHCR Adm. Rev. Docket No. VE410030RO (8/24/07) [3-pg. doc.]