Water Damage Renders Apartment Uninhabitable

Rent-stabilized tenant complained of a reduction in services, claiming a fire had made her apartment uninhabitable. The DRA reduced tenant’s rent to $1 per month until she could be restored to occupancy. Landlord appealed and lost. Landlord claimed that tenant had lived in the apartment at all times since the fire. HPD had issued only a partial vacate order for another apartment two floors above tenant’s. Tenant again stated that her apartment remained uninhabitable due to water damage, and had been uninhabitable since the fire. Landlord had admitted that the fire caused fire, water, and smoke damage in several apartments. Landlord also claimed for the first time on appeal that tenant had remained in the apartment. The DHCR therefore couldn’t consider this new claim.

Serhof Realty Corp.: DHCR Adm. Rev. Docket No. ZH210015RO (8/17/12) [2-pg. doc.]