Painting Is Required Service

LVT Number: 18990

Tenant complained of a decrease in services, claiming that his apartment needed painting. Landlord claimed that painting wasn't a required service. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Tenant showed that three years earlier, the DRA ordered landlord to paint the apartment. Landlord claimed that tenant's original lease didn't call for painting, but landlord submitted a lease for a different apartment. And the lease didn't determine whether painting was required.

Tenant complained of a decrease in services, claiming that his apartment needed painting. Landlord claimed that painting wasn't a required service. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Tenant showed that three years earlier, the DRA ordered landlord to paint the apartment. Landlord claimed that tenant's original lease didn't call for painting, but landlord submitted a lease for a different apartment. And the lease didn't determine whether painting was required. Landlord didn't appeal the DRA's prior order, so there was a final ruling that painting was a required service. And since landlord last painted three years ago, another painting was due.

Kikis/Cooper Hill Apts.: DHCR Adm. Rev. Dckt. No. TH910020RO (4/28/06) [2-pg. doc.]

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