Painting as part of MCI improvements?

[goldbourbon]

Hi,

Does anyone know where I can find more information about mci improvements and rent increases due to them? My landlord is claiming that the $4000 he spent on repainting my rent stabilized apartment in NYC can be counted as part of MCI improvements which I know that they can't be but I need verification somewhere.

Thanks

[mjr203]

go to housingnyc.com and view the Housing Maintenance Code section on painting.

and the DHCR fact sheet on MCIs... if he just painted your apartment then by definition it is not a MAJOR capital improvement, which must benefit all building tenants...
http://www.housingnyc.com/resources/dhcr/dhcr11.html

-POINTER

<small>[ October 14, 2002, 04:56 PM: Message edited by: pointerout ]</small>

[goldbourbon]

I apologize, I meant to say he increased the rent not because of a building-wide imnprovement but it was included in the list of "improvements" he claims he did for the apartment and he raised the rent 1/40 of that amount. Should he have included the painting as part of that figure?

Thanks!

[Phil Cohen]

You are entitled to painting every several (three or four, I think) years.
He cannot charge you for them.

[goldbourbon]

The improvements and painting happened right befor I moved in, can he include in the list of improvements? Sorry I didn't add those details.

[Phil Cohen]

Maybe I'm missing a detail here, and I hate to give suggestions when I don't have all the facts, but it seems to me that the LL can't charge you a nickel for those "improvements." First of all, an MCI must be for improvements for all tenants in the dwelling. Secondly, a tenant must give permission (I think--check the DHCR fact sheet) in order for the LL to charge for "improvements" to an individual apartment.
Did you consent to any of that stuff? Did you ask for it?
If you agreed, in writing, to the paint job and new stove (or whatever) then yes, he can charge. Otherwise, I just don't see it.

[Phil Cohen]

One other suggestion--you just moved in. Did the LL raise the rent during the vacancy on the basis of improvements? Probably. Find out if he is trying to charge you for improvements that are already in the rent.

[bah]

I don't think they can charge for painting unless they did some structual work underneath the paint, such as repointing.

Operational Bulletin 84-4 states that MCI claims must be for structural or related cosmetic improvements, or for new equipment on written consent from the tenant. Therefore, if the painting is not related to structural improvements, it is probably not covered.

Hope this helps.

[MikeW]

My understanding is that if the painting was done as part of a bigger renovation project, and the project overall qualifies for an MCI, the amount of the painting could be included in the MCI.

If he did the painting alone, that would not qualify for an MCI.