Apartment Not Painted for Over 20 Years

Westchester County tenant complained of a reduction in services. He said that his apartment needed painting. Landlord claimed that painting never was a service provided to tenant, and that tenant never complained for over 20 years. The DRA ruled for tenant, ordered landlord to paint the apartment, and reduced tenant's rent. Landlord appealed, again claiming that painting wasn't required. Landlord said that a provision concerning painting in tenant's initial 1972 lease didn't require painting upon lease renewal. Landlord stated that, in 33 years, tenant's apartment was painted only three times, most recently in 1987. In 1981, tenant had advised landlord in a letter that he would paint if landlord paid him $200. Landlord also argued that the lack of painting was a minor condition. The DHCR ruled against landlord. Inspection showed that the walls and ceilings in the apartment had blistering and peeling paint. This wasn't a minor condition. So even if periodic painting wasn't a required service, landlord must maintain the walls and ceilings in proper condition. The DRA correctly ruled that landlord must paint tenant's apartment.

68 Apartment Associates, Inc.: DHCR Adm. Rev. Docket No. VI910023RO (2/8/08) [3-pg. doc.]