Landlord Can Raise Rent-Controlled Tenant's Rent for First-Time Painting

January 28, 2020

LVT Number: #30584

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent by $95 per month for first-time painting. The DRA ruled for landlord, since the apartment hadn't previously been painted, and divided the $3,800 cost by 40. Tenant appealed and lost. Tenant argued that he did his own painting since 2011 when new landlord started electrical renovation and caused damage to the ceiling and apartment. But tenant didn't dispute the cost of the painting done by the landlord in 2018.

Landlord asked the DHCR for permission to increase rent-controlled tenant's rent by $95 per month for first-time painting. The DRA ruled for landlord, since the apartment hadn't previously been painted, and divided the $3,800 cost by 40. Tenant appealed and lost. Tenant argued that he did his own painting since 2011 when new landlord started electrical renovation and caused damage to the ceiling and apartment. But tenant didn't dispute the cost of the painting done by the landlord in 2018. And there was no proof that landlord's electrical repairs damaged the apartment and caused the necessity to paint.

Hynes: DHCR Adm. Rev. Docket No. HQ120026RT (11/13/19) [2-pg. doc.]

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