Painting and Repair Work Done as Part of Kitchen Modernization

Tenant filed a fair market rent appeal, challenging the first rent-stabilized rent for his apartment. The DRA ruled against tenant, finding that the rent charged was less than the fair market rent. In setting the fair market rent, the DRA used special rent guidelines and allowed an apartment improvement rent increase. Tenant appealed, claiming that painting and wall repair work in the kitchen didn't qualify for a 1/40th rent increase. The DHCR ruled against tenant. The painting and repair work were part of the kitchen modernization done by landlord. So the cost of this part of the work qualified for a 1/40th increase.

Mateo: DHCR Adm. Rev. Dckt. No. LB510055RT (8/17/00) [2-pg. doc.]