Landlord Previously Painted Rent-Controlled Apartment

Landlord asked the DHCR for permission to increase rent-controlled tenant’s rent based on painting of the entire apartment. Landlord claimed that the apartment was last painted more than 10 years earlier and that painting was never a service included in the rent. Tenant objected, claiming that landlord hadn’t painted the apartment since 1993, when he was ordered to comply with a DHCR order to paint. The DRA ruled against landlord based on this proof that painting was previously found to be an essential service for the apartment. Landlord appealed and lost. With its PAR, landlord submitted copies of prior leases, 1984 registration, and a 2013 court stipulation. The DHCR wouldn’t consider these documents on appeal, but noted that they didn’t prove that the apartment wasn’t previously painted. 

Ninety One Sixty One Street, LLC: DHCR Adm. Rev. Docket No. DM120012RO (5/8/15) [3-pg. doc.]