Tenant Must Pay Restored Rent Even If Not Ready to Move Back into Apartment

Rent-stabilized tenant's rent was reduced to $1 per month after a fire in the building resulted in a Fire Department Vacate Order in May 2008. Landlord filed an application to restore rent in October 2011 after the building had been restored to habitability. In June 2012, the DRA ruled for landlord. Rent was restored effective Dec. 1, 2011, the first rent payment date after tenant received notice from the DRA of the apartment restoration. Tenant appealed and lost. Tenant claimed that she shouldn't have to pay the restored rent until March 2012 because she was renting another apartment at the time and had to break her other lease and comply with time-consuming Section 8 subsidy transfer procedures. But tenant didn't raise this issue before the DRA. And in a separate court case relating to the fire, landlord and building tenants, including tenant, agreed that tenants could regain possession and pay rent as of December 2011. Tenant received keys to the apartment at that time.

305 West 150th Street: DHCR Adm. Rev. Docket No. AS410006RT (8/29/13) [3-pg. doc.]