Painting Tenant's Apartment Was Required Service

Freeport tenant complained of a reduction in services because landlord wouldn't paint his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord argued that, while New York City law requires landlords to paint apartments every three years, there is no such requirement outside New York City. Tenants had lived in the apartment for 30 years and had never previously requested painting during the 10 years that landlord owned the building. But landlord was incorrect about its painting obligations. The ETPA regulations provide that essential services are those services that landlord maintained or was required to maintain on the base date, including repairs, decorating, and maintenance. A Westchester court had upheld the applicability of the three-year painting requirement to ETPA. And the Village of Freeport Building and Zoning Code requires landlords to keep walls and ceilings painted or repainted "whenever necessary to keep said surfaces in a sanitary condition."

44 North Grove Street: DHCR Adm. Rev. Docket No. XL710001RO (5/21/10) [3-pg. doc.]