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NYS DHCR, Tenants Rights to Regain Occupancy After Fire Damage/Vacate Order

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NYS DHCR, Tenants Rights to Regain Occupancy After Fire Damage/Vacate Order
Jurisdiction
New York (state)
Source
Official source

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KATHY HOCHUL RUTHANNE VISNAUSKAS
Governor Commissioner/CEO

TENANTS RIGHTS TO REGAIN OCCUPANCY AFTER FIRE DAMAGE/VACATE ORDER

I am a rent stabilized (or rent controlled) tenant and have been displaced from my apartment due to a fire and/or a
vacate order that was issued by a New York City agency or a local municipal agency.

How do I protect my rights to regain occupancy of the apartment?

You need to file an Application for A Rent Reduction Based Upon Decreased Services Individual Apartment (Form RA-
81) with DHCR’s Office of Rent Administration. The form is available on our website and can be filed either by paper or
electronically/online. https://hcr.ny.gov/living-conditions-and-essential-services. The form can also be provided to you
upon request by calling (833) 499-0343.

• For electronic/online applications, complete the required fields and provide as much information as possible and
DHCR staff will investigate the matter.
• For those applications that are going to be submitted on paper, indicate the date of the fire and/or the date of the
Vacate Order, the name of the agency issuing the order and if possible a copy of the order.
• Copies of vacate orders are available at DOB Buildings Information System if the vacate order is issued by the
Department of Buildings and HPD Online if the vacate order is issued by Department of Housing Preservation
and Development.

DHCR can review the matter and then issue a written decision/order that sets the legal rent to be paid at $1 per month.
The $1 a month payment should be paid to the building owner, NOT DHCR, by check or money order and proof of
payment should be retained.