Landlord Gets 1/40th Increase for Cost of First Painting

LVT Number: 13495

Landlord asked the DRA to approve a rent increase based on an initial painting of rent-controlled tenant's apartment. The DRA ruled against landlord, and landlord appealed. The DHCR ruled for landlord. For rent-controlled apartments, painting is an essential service that must be done every two years free of charge unless landlord can show that there has been no painting for at least 10 years. Tenant admitted that landlord hadn't painted the apartment in over 10 years. So landlord is entitled to a 1/40th rent increase for the cost of the initial painting.

Landlord asked the DRA to approve a rent increase based on an initial painting of rent-controlled tenant's apartment. The DRA ruled against landlord, and landlord appealed. The DHCR ruled for landlord. For rent-controlled apartments, painting is an essential service that must be done every two years free of charge unless landlord can show that there has been no painting for at least 10 years. Tenant admitted that landlord hadn't painted the apartment in over 10 years. So landlord is entitled to a 1/40th rent increase for the cost of the initial painting. Since the painting cost $1,235, the 1/40th increase is $30 per month.

Brodie: DHCR Adm. Rev. Dckt. No. LK420137RO (7/27/99) [2-pg. doc.]

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