Landlord Can Increase Rent-Controlled Tenant's Rent for Painting

Landlord applied to the DHCR for a rent increase after painting a rent-controlled tenant’s apartment. The DRA ruled for landlord and increased tenant’s rent by $12.50. Tenant appealed and lost. Tenant never asked landlord to paint her apartment. The apartment was damaged by a flood from the upstairs apartment, and HPD ordered landlord to fix the damage and paint the apartment. Since landlord was required to paint to remove a violation, there should be no rent increase. But NYC Rent & Eviction Regulations Section 2202.4 authorizes an increase to the maximum rent for an increase in services, which includes first-time painting. Landlord was permitted to increase tenant’s rent by 1/40th of the $750 cost of painting. DHCR registration cards from 1943 also showed that painting wasn’t included as a required service.

Babousis: DHCR Adm. Rev. Docket No. CO120025RT (12/2/15) [2-pg. doc.]