Landlord Never Provided Painting Service

Rent-controlled tenant complained of a reduction in services because landlord didn't paint her apartment. The DRA ruled against tenant, who appealed and lost. Tenant argued that DHCR Fact Sheet #28 required landlord to provide painting service based on prior practice. Tenant claimed that for 50 years it was landlord's practice to give tenant a rent credit every three years in lieu of actually painting her apartment. But Rent & Eviction Regulations Section 2202.16 permits tenant to apply for a rent reduction based on the landlord's failure to maintain essential services. And since landlord didn't provide painting services to tenant at any time, it wasn't an essential service that landlord was required to provide.

Sachko: DHCR Adm. Rev. Docket No. BS410012RT (6/27/14) [2-pg. doc.]