DHCR FACT SHEET #28 Division of Housing and Community Renewal 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 a Rent Increase Based on Increase Service(s) [DHCR form RA-79B] 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 increase for painting is limited to 10% of the apartment's monthly rent on the effective date of the Order. Upon DHCR's issuance of a rent increase order, the owner will then be obligated to paint the apartment every three years. Once painting is established as an essential service, if the owner does not paint once every three years, (or more frequently, if that was the prior practice), the tenant may file an Application for Rent Reduction Based Upon Decreased Service(s) Individual Apartment [DHCR form RA-81]. Pursuant to 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 satisfy the painting requirement. 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 10% increase in rent, the owner must not only provide the paint but also arrange for and pay for the painters. Ail painting must be done in a workmanlike manner. Depending on past practice, the painting and decorating service may include providing 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 can 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. ------------------------------------------------------------ DHCR Fact Sheets (series of thirty) are issued by the New York State Division of Housing and Community Renewal (DHCR) as plain- english informational publications. For official agency policies, see DHCR Policy Statements, Advisory Opinions and Operational Bulletins. Also refer to the Rent Stabilization Code, the Rent Stabilization Law and various Rent Control Statutes. Electronic versions of these documents on TenantNet are for informational purposes only and there is no guarantee they will be accepted by any court (or even DHCR) as true copies of DHCR policy. The reader may obtain true copies of these documents from DHCR. Every attempt has been made to conform to the original Fact Sheets as issued by DHCR; TenantNet makes no representation the enclosed material is current or will be applied as written. The reader is advised that DHCR often fails to properly apply, interpret or enforce housing laws. Since housing laws are complex and often contradictory, it is recommended the reader obtain competent legal advice from a tenant attorney or counseling from a tenant association or community group. (rev. 3/13/96) DHCR documents are public documents; the electronic version of such documents have been developed by TenantNet and any added value, enhancements and/or proprietary features are copyright 1994, 1995 and 1996 by TenantNet. These documents may be freely distributed provided they remain intact as herein presented, including this and the top informational banner referencing TenantNet as the original provider. ------------------------------------------------------------ For more information or assistance, call the DHCR Rent Infoline at (718) 739-6400, or visit your Borough Rent Office. Queens Central Office 92-31 Union Hall St. 4th Fl. Jamaica, NY 11433 (718) 739-6400 Bronx One Fordham Plaza Bronx, NY 10458 (718) 563-5678 Brooklyn 250 Schermerhorn St. 3rd Floor Brooklyn, NY 11201 (718) 780-9246 Lower Manhattan 156 William Street 9th Floor NY, NY 10038 (212) 240-6011, 6012 South side of 110th St. and below Upper Manhattan 163 W. 125th St. 5th Floor NY, NY 10027 (212) 961-8930 North side of 110th St. and above Staten Island 350 St. Mark's Place Room 105 Staten island, NY 10301 (718) 816-0277 Nassau County District Rent Office 50 Clinton Street, 6th Floor Hempstead, NY 11550 (516) 481-9494 Westchester County District Rent Office 55 Church Street, 3rd Floor White Plains, NY 10601 (914) 948-4434 Rockland County District Rent Office 94-96 North Main St. Spring Valley, NY 10977 (914) 425-6575 Albany Regional Office 119 Washington Avenue Albany, NY 12210 (518) 432-0596 Buffalo Regional Office Ellicot Square Building 295 Main St., Room 438 Buffalo, NY 14203 (716) 856-1382 ------------------------------------------------------------