Rent Hike Granted for First-Time Painting of Rent-Controlled Apartment

LVT Number: #26726

Landlord applied to the DHCR for permission to increase rent-controlled tenant’s rent based on painting, which was not a service included in tenant’s rent. The DRA ruled for landlord and increased tenant’s rent by $234 per month. The first-time painting cost $9,350 and that cost was divided by 40. Tenant appealed and lost. Tenant claimed that the painting, and its cost, was needed due to landlord’s neglect and that the cost was allocable to the apartment and two other apartments.

Landlord applied to the DHCR for permission to increase rent-controlled tenant’s rent based on painting, which was not a service included in tenant’s rent. The DRA ruled for landlord and increased tenant’s rent by $234 per month. The first-time painting cost $9,350 and that cost was divided by 40. Tenant appealed and lost. Tenant claimed that the painting, and its cost, was needed due to landlord’s neglect and that the cost was allocable to the apartment and two other apartments. But landlord was entitled to a rent increase for first-time painting under NYC Rent and Eviction Regulations Section 2202.4. And landlord had obtained similar rent increases for the other two rent-controlled apartments by separate applications, showing separate costs.

 

 

 

 

 

Parker: DHCR Adm. Rev. Docket No. DT420024RT (11/13/15) [3-pg. doc.]

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