Entire Apartment Wasn't Painted

Landlord applied for a rent increase based on the initial painting of tenant's rent-controlled apartment. Landlord claimed that the painting cost $2,930. Tenant claimed that landlord painted the apartment only as the result of an HPD order, not at her request. She also said landlord painted only part of the apartment. Tenant stated that she didn't understand English and didn't realize she was signing a consent form to a 1/40th rent increase. The DRA ruled for landlord and approved a 1/40th rent increase of $73 per month. Tenant appealed and won. Landlord would be entitled to a rent increase for initial painting of a rent-controlled apartment, even if ordered to do so by HPD. But landlord didn't paint the entire apartment. So the rent increase was revoked. Landlord could reapply for the rent increase after finishing the job.

Perez: DHCR Adm. Rev. Dckt. No. TC420001RT (8/18/05) [3-pg. doc.]