Tenant's Apartment Uninhabitable

Rent-stabilized tenant complained of a reduction in services. He claimed that his apartment became uninhabitable after a fire in the apartment directly above his. The DRA ruled for tenant and reduced his rent to $1 per month. Landlord appealed and lost. Landlord claimed that the fire didn't occur in tenant's apartment and HPD hadn't issued a Vacate Order. But putting out the fire caused water damage to tenant's apartment, and HPD issued a Class "B" violation ordering landlord to repair the broken or defective plastered surfaces and paint the damaged ceilings and walls throughout tenant's apartment. The DRA properly reduced tenant's rent for the four-month period after the fire until he moved back into the apartment.

740 Associates, LLC: DHCR Adm. Rev. Docket No. XB210045RO (7/17/09) [2-pg. doc.]