Landlord Needn't Reimburse Tenant for Painting Costs

The DRA reduced rent-controlled tenant's rent based on a reduction in services. Landlord later asked the DHCR to restore the rent, stating that all the conditions had been corrected. Tenant claimed that landlord never painted his apartment. Tenant stated that he had to paint himself because landlord refused to paint in any other color except white. The DRA found that all the conditions were corrected and restored tenant's rent. But the DRA ordered landlord to reimburse tenant $140 for tenant's painting costs. Landlord appealed, claiming that it had been ready and willing to paint the apartment in white. Tenant had refused access, and landlord wasn't required to do anything else. The DHCR agreed. Under rent control regulations, landlord is required to provide the same type of painting service he previously provided. There was no proof that landlord had ever painted tenant's apartment any other color besides white. The order to reimburse tenant was revoked.

Equity Investments: DHCR Adm. Rev. Dckt. No. CB 210284-RO (9/17/93) [3-page document]