Landlord Can Charge Fee for Painting Apartment Different Color

Tenant paid landlord $500 to paint his apartment a different color. Previously, landlord painted tenant's apartment off-white every three years. Tenant asked the DHCR if landlord could charge this $500 fee. In an opinion letter, the DHCR said yes. The NYC Housing Maintenance Code required landlord to paint every three years. Typically, the color used is off-white. The Rent Stabilization Code didn't say anything about this question. Landlord and tenant could agree that landlord would paint tenant's apartment a different color for an additional fee. However, once landlord did so, landlord must continue to paint the apartment a different color as long as tenant paid the fee.

DHCR Opin. Ltr. by Charles Goldstein (10/9/03) [2-pg. doc.]