Tenant Painted Apartment Without Landlord's Permission

(Decision submitted by Kara I. Rakowski of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP.) Tenant complained of a reduction in services based on landlord's failure to paint the apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the DRA misinterpreted landlord's answer to tenant's complaint. Landlord didn't say that it wouldn't paint. Landlord said that it couldn't paint because tenant had already painted without landlord's permission. The DHCR ruled for landlord. Tenant had refused access for an inspection. And landlord had expressed willingness to comply with its obligation to paint every three years. Landlord was unable to do so since tenant had already painted.

Rosedale Mgmt.: DHCR Adm. Rev. Dckt. No. JA220332RO (2/5/97) [2-page document]