Landlord Can Increase Rent for First-Time Painting

Landlord asked the DHCR to increase rent-controlled tenant's rent based on painting. Landlord claimed that painting wasn't a service included in tenant's rent. The DRA ruled for landlord and increased tenant's rent by $167 per month. Tenant appealed and lost. Tenant claimed that painting was an essential service to be included in tenant's rent. In any event, tenant claimed that the rent increase was excessive. The DHCR ruled against tenant. The DHCR's records didn't show that painting service was ever included in tenant's maximum rent. So, under rent control regulations and DHCR practice, landlord was entitled to a rent increase. Landlord also proved that it paid $9,700 for plastering and painting of tenant's four-bedroom apartment, which also contained a kitchen, bathroom, entry foyer, living room, long hallway, and 10 windows. Landlord reasonably claimed that $6,675 of that cost was for painting. And the DRA had disallowed $2,000 from the cost before setting the rent increase.

Thompson: DHCR Adm. Rev. Docket No. YC220008RT (9/16/10) [3-pg. doc.]