Fire Damaged/ Vacate Order Apartments

Fire Damaged/ Vacate Order Apartments


If you have been displaced from your apartment due to a fire and/or a vacate order has been issued for your apartment or the entire building by any New York City agency or local municipal agency, and if you are subject to Rent Regulation, you may file an application with the Office of Rent Administration for a rent reduction based on decreased services.


If I am required to vacate a rent-regulated apartment because of a fire or vacate order issued by a government agency, can the owner of the apartment increase my rent, once the apartment is restored for me to move back in?

  • Not if the owner simply restores the apartment to its previous condition.  However, if the owner installs new equipment not previously provided in the apartment, the owner can charge you with an Individual Apartment Improvement (IAI) rent increase, but only after you have given a written consent to the rent increase.  If you don't provide a written consent, then your rent cannot be increased.
  • If you decide not to move back into the apartment, and a new tenant decides to move in, the owner would be entitled to add the IAI rent increase for any new piece of equipment not previously provided, even if you did not provide the owner with a written consent.  However, this rent increase would only apply to new equipment not previously provided in the apartment, and not the cost of restoring the apartment to its previous condition.

Submit Online Application

Affected Tenants may submit an online application on the HCR website at: https://rent.hcr.ny.gov/RentConnect/Tenant/DecreasedServicesOverview

Advisory Opinion

Fact Sheets


    Fact Sheet #11: Demolition

    This Fact Sheet contains information on the requirements that owners must meet in order to evict a rent controlled or rent stabilized tenant on the grounds of demolition.




    Fact Sheet #14: Rent Reductions for Decreased Services

    This Fact Sheet contains information on tenant rights when the owner is not maintaining services or does not comply with a DHCR order. It also contains the procedures that owners must follow if he, she or they cannot get access to a tenant’s apartment to make repairs, how a rent reduction order affects rent stabilized and rent controlled tenants, and more.



Operational Bulletin