Painting Is Ordinary Repair

May 31, 2002

LVT Number: 15875

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a $5,000 overcharge. Landlord appealed. The DHCR allowed a rent increase for certain apartment improvements in calculation of the legal rent, totaling $110 per month. But the DHCR had disallowed the cost of painting, plastering, flooring, and tile work to tenant's apartment. The court ruled against landlord. The Rent Stabilization Code doesn't permit 1/40th rent increases for ordinary maintenance or repair work. The DHCR's decision wasn't arbitrary or unreasonable.

Tenant complained of a rent overcharge. The DHCR ruled for tenant, finding a $5,000 overcharge. Landlord appealed. The DHCR allowed a rent increase for certain apartment improvements in calculation of the legal rent, totaling $110 per month. But the DHCR had disallowed the cost of painting, plastering, flooring, and tile work to tenant's apartment. The court ruled against landlord. The Rent Stabilization Code doesn't permit 1/40th rent increases for ordinary maintenance or repair work. The DHCR's decision wasn't arbitrary or unreasonable.

F.W. Realty LLC v. DHCR: NYLJ, 5/29/02, p. 18, col. 2 (Sup. Ct. NY; Stallman, J)

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