First-Time Painting in Rent-Controlled Apartment

Landlord applied for a rent increase for rent-controlled tenant based on a first-time apartment painting. This wasn't a service included in tenant's base rent, and landlord undertook to paint the apartment every three years. The DRA ruled for landlord and increased tenant's monthly rent by $30. Tenant appealed, claiming that landlord painted only to avoid a possible lead paint violation. The DHCR ruled against tenant. Tenant complained about lead paint conditions in the apartment in 1996. But landlord had painted the apartment for the first time in 1992.

Oliva: DHCR Adm. Rev. Dckt. No. KH220101RT (4/4/00) [2-pg. doc.]