Tenant Can Re-Occupy Apartment When DOB Vacate Order Lifted

Rent-stabilized tenant complained of a reduction in services after DOB issued a vacate order for his building. The DRA ruled for tenant and reduced his rent to $1 per month while the building was uninhabitable. The DRA also stated that tenant had a right to re-occupy his apartment when the building became safe. Landlord appealed and lost. Landlord didn't object to the rent reduction, but claimed that tenant's right to return to the apartment should apply only in the event that the apartment was returned to its former state. Landlord relied on a DHCR advisory opinion that concerned a situation where a building burned to the ground following a fire. In that case, the opinion letter stated that landlord could build a new structure without offering tenant a new apartment. But in this case the building became uninhabitable due to its compromised structural integrity. If landlord wished to withdraw the building from the rental market or demolish it, it must first file an application with the DHCR for permission to do so.

154 West 14 Realty, LLC: DHCR Adm. Rev. Docket No. YB410055RO (7/29/10) [3-pg. doc.]