Fact
Sheet #28 - Painting Rent Controlled Apartments
Painting
and decorating service where required to be supplied by the owner, is considered
to be an essential service included in the maximum rent for a rent controlled
apartment. Generally, this means that the owner must paint the tenant's
apartment at two-year intervals, or at three-year intervals if it was the
owner's practice to paint every third year. Effective August 3, 1967, the
Housing Maintenance Code of the City of New York was amended to require
an owner of a multiple dwelling to paint occupied dwelling units every
three years and more often when required by contract or other provision
of law. However, if the building's owner never supplied this service, the
Rent and Eviction Regulations do not require the owner to do so now and
no rent reduction will be ordered for denial of such service.
Where
painting has not been an essential service for a rent controlled apartment
and the landlord paints for the first time in order to comply with the
requirements of the Housing Maintenance Code, the painting is considered
to be an increase in services under the provisions of Section 2202.4 (a)
of the Rent and Eviction Regulations. Upon completion of the painting,
the owner may file an "Owner's Application for Air Conditioner
Charges or for an Increase in Maximum Rent for Painting" (DHCR
Form RN-79b, Part B) with the Division of Housing and Community Renewal
(DHCR). The owner must provide evidence going back 10 years to establish
that painting was not previously an essential service. Tenant consent is
not necessary for such an increase because the owner is legally obligated
to paint pursuant to the Housing Maintenance Code.
The
Rent Regulation Reform Act of 1993 changes the amount an owner may collect
for an increase in painting service. The previous increase of 10% of the
rent has been changed to 1/40th of the cost incurred to paint the apartment.
This increase of 1/40th is paid by the tenant monthly and becomes part
of the maximum rent. If the tenant consents to the rent increase, the owner
may use Part A of the RN-79b form.
Once
painting is established as an essential service and the owner does not
paint in a timely manner when requested to do so by the tenant, the tenant
may file with DHCR an "Application for Rent Reduction Based Upon
Decreased Service(s) Individual Apartment" (DHCR Form RA-81).
Under the provisions of Section 2202.16 of the Rent and Eviction Regulations,
a rent reduction will be ordered upon a finding that the owner has not
properly painted.
The
painting service which the owner is obligated to provide is based on prior
practice. If in the past the owner supplied the paint and the tenant arranged
for the painting or the owner painted one or two rooms at a time, continuation
of these practices satisfies the painting requirement of the Rent and Eviction
Regulations. Past practice of the owner also dictates the color scheme.
However, if an owner is painting for the first time, the owner is only
required to paint the apartment in a neutral shade. To be eligible for
the rent increase, the owner must not only provide the paint but also arrange
for and pay for the painters. All painting must be done in a workmanlike
manner. Depending on past practice, the painting service may include provision
of shades, blinds, wallpaper, trim, etc., in addition to plastering and
painting.
If
the tenant files a complaint with DHCR for failure to paint and in response
the owner states that painting was never provided and there is no earlier
record with DHCR on painting, it is the responsibility of the owner to
establish proof of the painting practice for the past 10 years. If DHCR
finds that the owner has failed to maintain the painting service as required,
the tenant's rent will be reduced by 10%, and the rent reduction will remain
in effect until the owner provides the required painting service in a workmanlike
manner. The owner may then apply to DHCR, using "Owner's Application
to Restore Rent and/or Collect Rent Adjustment" (DHCR Form RTP-19),
for a rent restoration.
Before
filing any complaint with DHCR, the tenant should contact the owner in
an attempt to resolve the issue.
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 6/18/07
RGB page updated 8/11/08
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