First Time Painting of Rent-Controlled Apartment

Landlord applied for rent increase after painting tenant's rent-controlled apartment for the first time. Tenant objected. The DRA ruled for landlord and increased tenant's monthly rent by $89. Tenant appealed, arguing that landlord never painted his apartment until 2003. Tenant painted the apartment himself for 38 years. Landlord painted tenant's apartment in 2003, in connection with ceiling repairs. The DHCR ruled against tenant. Landlord was required to paint every three years under the Housing Maintenance Code. Painting tenant's apartment wasn't an essential service under rent control. Since landlord never provided this service before, he was entitled to a rent increase under rent control. Landlord also now was obligated to paint every three years.

Aborjan: DHCR Adm. Rev. Dckt. No. SF420025RT (9/23/04) [3-pg. doc.]