Tenants Weren't Restored to Apartment Renovated After Fire

Facts: Six tenants, two rent-controlled and four rent-stabilized, were forced out of their apartments in October 1998 after a fire seriously damaged the building. Tenants then filed complaints with the DHCR, which reduced their rents to $1.00 per month while they couldn't live in their apartments. The DHCR orders stated that tenants were entitled to be restored to occupancy as long as they paid the $1.00 per month while they were out of their apartments. Landlord later told tenants that it had applied to DOB for permission to alter the building and change apartment layouts. Landlord told tenants it didn't have to rerent to them. Tenants each sued landlord for $750,000, claiming wrongful eviction. Court: Tenants win. Landlord never applied to the DHCR for permission to evict tenants after the fire. And the DHCR had ruled that tenants had a right to return to the apartments. So landlord wrongfully evicted tenants when it didn't let tenants move back into their apartments.

Quiles v. Term Equities: NYLJ, 9/1/04, p. 18, col. 1 (Sup. Ct. NY; Lehner, J)