Landlord Can Raise Rent-Controlled Tenant's Rent for First-Time Painting

Landlord applied to the DHCR for a rent increase after it painted rent-controlled tenant's apartment. The DRA ruled for landlord and increased tenant's maximum collectible rent (MCR) by $254.30 per month. Tenant appealed and lost. Because this was the first time that landlord had painted the rent-controlled apartment, landlord was entitled to a rent increase under NYC Rent & Eviction Regs. Section 2202.4. The rent increase was based on 1/40 of the $10,172 cost to paint the apartment. The DHCR noted that landlord must now paint tenant's apartment every three years under the Housing Maintenance Code.

Manfre: DHCR Adm. Rev. Docket No. HN420026RT (5/13/19) [3-pg. doc.]