Tenant's Monthly Rent Reduced to $1 Despite Landlord's Claim That Tenant Caused Fire

Rent-stabilized tenant filed a service reduction complaint with the DHCR after a fire in his apartment resulted in an HPD vacate order in April 2022. The DRA ruled for tenant and reduced his monthly rent to $1 until the apartment again became habitable. Landlord appealed and lost. Landlord claimed that tenant's equipment caused the fire and that, in any event, HPD had lifted the vacate order issued for the apartment and tenant had moved back in.  The DHCR noted that, to restore tenant's rent, landlord must file a rent restoration application with the DHCR. Landlord had now done so, but that application was still pending. And, absent a proven case of tenant's negligence, the DRA properly reduced tenant's rent to $1 per month while the unit was uninhabitable following the fire. 

2263 Realty LLC: DHCR Adm. Rev. Docket No. KW210025RO (2/3/23)[3-pg. document]