Tenant's Rent Reduced to $1 per Month After Fire

Tenant complained of a reduction in services after a fire made his apartment uninhabitable. The DRA ruled for tenant and reduced his rent to $1 per month until he could move back in. Landlord appealed and lost. Landlord claimed that tenant was responsible for the fire. Tenant argued that the Fire Dept. Incident Report stated that the fire was caused accidentally. The DHCR considers tenant negligence when ruling on cases involving a reduction in services. The Fire Dept. report stated that the fire started accidentally in bedding material and that the tenant claimed that a discarded match caused the fire. However, the Fire Dept. report, which was merely an incident report, didn't conclude that tenant was the sole cause of the fire. Landlord must go to court to resolve any claims of tenant liability. Unless a court issues an eviction warrant, tenant is entitled to pay $1 per month until the apartment is restored to habitable condition.

Grand Bogardus, LLC: DHCR Adm. Rev. Docket No. UD410009RO 8/25/06 [3-pg. doc.]