Rent Restored When Apartment Made Habitable After Fire

Tenant complained of a reduction in services after a fire in her apartment. The DRA ruled for tenant and reduced her rent to $1.00 per month while she was unable to occupy the apartment. Landlord later filed for rent restoration based on restoration of the apartment. The DRA ruled for landlord and restored tenant's rent effective on Jan. 1, 2005, the date tenant was restored to occupancy. Tenant appealed, arguing that the effective date of the rent restoration should be Sept. 1, 2006. Tenant claimed that there were unrepaired conditions in the apartment after she moved back in. The DHCR ruled against tenant. The reason tenant's rent was reduced was that the apartment was uninhabitable after the fire. The rent wasn't reduced for any required repair items. It is DHCR policy to restore rents following fire damage as of the date that tenant is restored to occupancy.

Goos: DHCR Adm. Rev.Docket No. VA410061RT (4/27/07) [3-pg. doc.]