Landlord Showed Painting Not an Essential Service

January 1, 1996

LVT Number: 10257

Rent-controlled tenant complained of a reduction in services. The DRA ruled for tenant, finding that tenant's apartment needed painting. Landlord appealed, claiming that painting service was never provided by prior or current landlord. Landlord said it would provide painting as an essential service if a rent increase were granted. Tenant was unwilling to consent to a rent increase. The DHCR ruled for landlord. Whether painting is an essential service to be provided to rent-controlled tenants depends on what landlord's practice had been during the past 10 years.

Rent-controlled tenant complained of a reduction in services. The DRA ruled for tenant, finding that tenant's apartment needed painting. Landlord appealed, claiming that painting service was never provided by prior or current landlord. Landlord said it would provide painting as an essential service if a rent increase were granted. Tenant was unwilling to consent to a rent increase. The DHCR ruled for landlord. Whether painting is an essential service to be provided to rent-controlled tenants depends on what landlord's practice had been during the past 10 years. Tenant stated that his apartment hadn't been painted in over 10 years. Therefore painting wasn't an essential service.

Barklee Realty Co.: DHCR Adm. Rev. Dckt. No. GI 510129-RO (10/5/95) [3-page document]

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