Tenant Moved Back into Fire-Damaged Apartment

Tenant complained of a reduction in services after her apartment was damaged by fire and she had to relocate temporarily. The DRA ruled for tenant and reduced her rent to $1 per month. Landlord later applied for a rent restoration based on the restoration of the apartment. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that there were conditions in the apartment that had not been fixed. The DHCR said tenant's rent was reduced because the apartment was uninhabitable. Tenant moved back into the apartment. Therefore, landlord had restored the services that were the subject of tenant's complaint. Tenant could file a new complaint over apartment conditions that she found since she moved back in.

Joi: DHCR Adm. Rev. Docket No. UC410002RT (12/7/06) [2-pg. doc.]