Rent Restored After Landlord Abates Hazardous Conditions

The DRA reduced rent-stabilized tenant’s apartment rent to $1 per month after HPD issued a vacate order due to conditions making the apartment uninhabitable. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord. Although HPD verified that the hazardous condition had been abated, landlord failed to show that tenant had been restored to the apartment. DHCR inspection showed that a new tenant was living in the apartment. Landlord appealed and won. Landlord had submitted proof of a settlement agreement with the prior tenant, who agreed to give up the apartment for a specified amount of money. Tenant also was represented by an attorney when she signed the agreement. The apartment rent was restored.

G-Way Management LLC: DHCR Adm. Rev. Docket No. CU220017RO (8/14/15) [2-pg. doc.]