Landlord Gets Rent Hike for Painting Rent-Controlled Apartment

September 30, 2006

LVT Number: 19156

Landlord filed a rent increase notice for tenant's rent-controlled apartment based on painting. Landlord sought a rent increase of $24, based on 1/40th of the painting cost. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord painted the apartment only because tenant had complained and the HPD had issued a violation. The DHCR said that painting was never registered as an essential service included in the rent for the apartment. Thus, landlord was entitled to a rent increase for the painting, even if it was done to correct a violation.

Landlord filed a rent increase notice for tenant's rent-controlled apartment based on painting. Landlord sought a rent increase of $24, based on 1/40th of the painting cost. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord painted the apartment only because tenant had complained and the HPD had issued a violation. The DHCR said that painting was never registered as an essential service included in the rent for the apartment. Thus, landlord was entitled to a rent increase for the painting, even if it was done to correct a violation.

Carter: DHCR Adm. Rev. Docket No. UC420036RT 8/24/06 [3-pg. doc.]

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