Rent Hike for Painting of Rent-Controlled Apartment Limited

December 15, 2015

LVT Number: #26653

Landlord appealed the DHCR’s decision that a rent increase resulting from landlord’s first-time painting of tenant’s rent-controlled apartment should be based on the highest estimate submitted by tenant rather than on the invoice submitted by landlord. The court ruled against landlord, who appealed and lost. Tenant estimated that the paint job should cost $2,940 while landlord claimed it actually cost $13,750. The DHCR’s decision was rational. Landlord didn’t provide an itemized invoice for the claimed cost but only a handwritten notation of a cash payment.

Landlord appealed the DHCR’s decision that a rent increase resulting from landlord’s first-time painting of tenant’s rent-controlled apartment should be based on the highest estimate submitted by tenant rather than on the invoice submitted by landlord. The court ruled against landlord, who appealed and lost. Tenant estimated that the paint job should cost $2,940 while landlord claimed it actually cost $13,750. The DHCR’s decision was rational. Landlord didn’t provide an itemized invoice for the claimed cost but only a handwritten notation of a cash payment. And, if approved, landlord’s claimed cost would increase tenant’s rent by 130 percent.

 

 

 

Second And Third Avenue LLC v. DHCR: 2015 NY Slip Op 08087, 2015 WL 6873337 (App. Div. 1 Dept.; 11/10/15; Mazzarelli, JP, Renwick, Saxe, Moskowitz, JJ)

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