Tenant's Rent Only Partially Restored

Nassau County rent-stabilized tenant complained of a reduction in services. He had to move out of his apartment after a fire. The DRA ruled for tenant and reduced his rent to $1 per month. Landlord later applied for rent restoration based on the restoration of the apartment to a habitable condition. The DRA ruled for landlord in part. Since there was still water damage on the bedroom walls and hardwood floors near the bedroom window, the DRA partially restored the rent from $1 to the level in effect prior to the most recent guidelines’ increase for tenant’s lease that commenced before May 1, 2007, the effective date of the rent restoration order. Landlord appealed, claiming that tenant never moved out of the apartment and was now fully restored to occupancy. Landlord said that there should be a full rent restoration. The DHCR ruled against landlord. Although tenant was able to move back into the apartment, the remaining conditions clearly were related to the fire and the DRA’s ruling was proper.

Ashlar, Inc: DHCR Adm. Rev. Docket No. XB710026RO (7/8/09) [3-pg. doc.]