Landlord in Process of Painting When Apartment Inspected

Tenant complained of a reduction in services because her apartment needed painting. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant didn't provide apartment access for some time. Once admitted, landlord completed the work promptly, and tenant signed work orders acknowledging that the painting was completed. The DHCR ruled for landlord. The DRA's inspection report indicated that the apartment was in the process of being plastered and painted at the time of the inspection. Since landlord had started repairs, a rent reduction shouldn't have been granted without an attempt to ascertain if repairs were completed. Normally under these circumstances, the DHCR would send the case back for further fact-finding. But tenant signed the work orders shortly after the date of inspection, and over three years (a painting cycle) had gone by since the DRA's order was issued.

Militana: DHCR Adm. Rev. Dckt. No. GK110130RO (4/16/96) [2-page document]