Rent Restored After HPD and DOB Confirm Vacate Order Was Rescinded

Rent-stabilized tenants complained to the DHCR of a reduction in required services after HPD issued a Vacate Order for their apartment because it became uninhabitable after a fire. The DRA ruled for tenants and reduced their monthly rent to $1 until they could be restored to possession. The DRA later granted landlord's application to restore rent in June 2021 based on restoration of services.

Tenants appealed and lost. Tenants argued that the Vacate Order wasn't rescinded by DOB, their lease renewal dated February 2021 stated that the monthly rent would be $1, and landlord never gave them a statement that reflected the rent going back to the rent-stabilized rate. But tenants signed off on a statement that they had been restored to possession, HPD issued a letter in November 2019 removing the Vacate Order, DOB records showed that all violations had been dismissed, and the DHCR's inspector visited the apartment and confirmed that tenants had moved back in. 

Rodriguez/Germosen: DHCR Adm. Rev. Docket No. JU410021RT (4/29/22)[3-pg. document]