Tenant Reoccupied Apartment

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services after he moved out of the fire-damaged apartment. The DRA ruled for tenant and reduced his rent to $1 per month. Landlord later applied for rent restoration after tenant moved back into the apartment. The DRA ruled for landlord. Tenant appealed, claiming that there were still hazardous conditions in the apartment, such as wood panels with nails, damaged floors, and exposed electrical wires. The DHCR ruled against tenant. Tenant admitted he moved back into the apartment before landlord applied to restore rent. Since tenant was in occupancy, this indicated that the apartment was habitable and that the rent was properly restored.

Constanza: DHCR Adm. Rev. Dckt. No. TI110007RT (12/14/05) [2-pg. doc.]