Tenant's Monthly Rent Properly Reduced to $1 After Fire

Rent-stabilized tenant complained to the DHCR that her apartment had become uninhabitable after a fire. The DRA ruled for tenant and reduced her rent to $1 per month effective Oct. 20, 2020, the date of the fire incident, and until the unit was again habitable. Landlord appealed and pointed out that the Fire Marshal's report stated that the fire started on tenant's stovetop. Therefore, landlord argued, the fire was caused by tenant's own negligence and shouldn't result in a rent reduction. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, and the DHCR agreed to take the case back for further consideration. The DHCR then again ruled against landlord. While landlord claimed that tenant left the apartment while a pot was on the stove with the burner turned on, the Fire Marshal's report stated only that the fire was "under investigation," and the apartment lacked a smoke detector. So, the known facts were insufficient to establish that tenant was negligent. The rent reduction to $1 per month remained in place.

Jamaica Seven LLC: DHCR Adm. Rev. Docket No. KN110001RP (10/21/22)[5-pg. document]