Tenant Needn't Reimburse Landlord for Painting Costs

July 31, 1996

LVT Number: 10776

Landlord sued rent-controlled tenant in small claims court for reimbursement of painting costs for 1990 and 1994. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord had no right to reimbursement. The proper remedy for cost of painting done in compliance with the housing maintenance code and rent control regulations was to apply to the DHCR for an increase in tenant's maximum rent. Tenant never agreed to reimburse landlord.

Landlord sued rent-controlled tenant in small claims court for reimbursement of painting costs for 1990 and 1994. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Landlord had no right to reimbursement. The proper remedy for cost of painting done in compliance with the housing maintenance code and rent control regulations was to apply to the DHCR for an increase in tenant's maximum rent. Tenant never agreed to reimburse landlord.

Laren v. Chakranarayan: NYLJ, p. 25, col. 1 (7/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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