Tenant Painted Apartment Himself

LVT Number: 11586

(Decision submitted by Benjamin Binder of the Manhattan law firm of Shaw & Binder, attorneys for the landlord.) Tenant complained of a reduction in services based on landlord's failure to paint his apartment. Tenant had painted the apartment himself. The DRA ruled against tenant, and tenant appealed. The DHCR ruled against tenant. Since tenant had already painted the apartment himself, there was no longer any reduced service or reason for a rent reduction. Tenant could sue landlord to recover the cost of painting, but this wasn't an issue the DHCR was authorized to rule on.

(Decision submitted by Benjamin Binder of the Manhattan law firm of Shaw & Binder, attorneys for the landlord.) Tenant complained of a reduction in services based on landlord's failure to paint his apartment. Tenant had painted the apartment himself. The DRA ruled against tenant, and tenant appealed. The DHCR ruled against tenant. Since tenant had already painted the apartment himself, there was no longer any reduced service or reason for a rent reduction. Tenant could sue landlord to recover the cost of painting, but this wasn't an issue the DHCR was authorized to rule on.

Edmonds: DHCR Adm. Rev. Dckt. No. JI110073RT (2/26/97) [2-page document]

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