Priming and Painting Done with Other Improvements

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed, questioning the cost of apartment improvements submitted by landlord that were used to calculate the legal regulated rent. Among other things, tenant claimed that priming and painting kitchen walls was ordinary repair and maintenance, not an improvement. The DHCR ruled against tenant. Plastering, priming, and painting were done in connection with the replacement of kitchen fixtures and appliances. In calculating the 1/40th improvement increase, the DRA had allowed only half of landlord's costs of the plastering, priming, and painting as part of the renovation work. This was reasonable.

Purdy: DHCR Adm. Rev. Dckt. No. QH410023RT (5/16/03) [4-pg. doc.]