Tenant Has Right to Return to Apartment After Fire

Tenant complained of a reduction in services based on a fire in his apartment that caused tenant to move out temporarily. The DRA ruled for tenant and reduced his rent to $1.00 per month while the apartment was uninhabitable. Landlord appealed, claiming that when tenant moved out, his lease was terminated and tenant couldn't move back into the apartment. Landlord also stated that the apartment no longer existed as it did when tenant lived there. The DHCR ruled against landlord. The DHCR is authorized to order a rent reduction when a tenant is forced to move out because of fire or other event that makes an apartment impossible to occupy. By paying $1.00 per month, tenant maintained the landlord-tenant relationship.

Kahan: DHCR Adm. Rev. Dckt. No. SA410064RO (10/7/04) [2-pg. doc.]