Painting Was Base Date Service

The DRA issued a ruling that painting was a base-date service of tenant's rent-controlled apartment. Landlord appealed, arguing that painting wasn't listed on the apartment's initial registration card on March 1, 1943. The DHCR ruled against landlord. Landlord must furnish all essential services, whether or not they were listed on 1943 registration cards. In this case, painting was established as a base date service on March 24, 1972, when the former rent agency found that painting had been a base date service and ordered a rent reduction because it wasn't being provided. Landlord's remedy would have been to challenge the inclusion of painting as a service at that time. Landlord can't challenge this finding 30 years later.

Longobardi: DHCR Adm. Rev. Dckt. No. TD420005RO (2/17/06) [2-pg. doc.]