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Painting

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Painting

Postby backhoe » Sat Jan 01, 2022 10:09 pm

I'm in an interesting situation. I don't want my apartment painted. But I complained to HPD about a different issue, and they issued a violation a bunch of things, including requiring painting under Section 27-2013. My understanding has always been that the tenant has a right not to get the apartment painted if he so desires. I certainly didn't ask for this violation, I did not complain, and the condition of the walls is fine.

My reading of the law is that painting is voluntary on the part of the tenant, and also that a landlord cannot obtain access for painting against the tenant's consent as it is not strictly speaking a repair.
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Re: Painting

Postby TenantNet » Sat Jan 01, 2022 11:05 pm

There are certain things that HPD will look at whether or not it's part of a tenant complaint ... such as any blockage of the second means of egress (usually a window and fire escape), any illegal double cylinder locks on the apartment's front door. having a self-closing front door, and having a smoke & carbon monoxide detector.

But I've never seen HPD write up a need for painting without a complaint, unless the condition is so bad that it could foster mice, vermin and so on.

The NYC Housing Maintenance Code does require a LL paint a unit every three years or sooner if needed. In many cases the quality of the LL paint jobs is so bad that many tenants will do the work themselves.

Access to the LL is a thorny issue, especially if now there's a violation. See the forum Reference section for threads on access. Nor do I know if HPD has a policy on access given that we're still in the middle of a pandemic.
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Re: Painting

Postby backhoe » Tue Jan 04, 2022 1:08 pm

Yes, it is peculiar that they put us down for painting. Meanwhile, sort of a plot twist. The managing agent is a bit of a nut. I spoke to the owner. We go through agents regularly and this one is not long for the world, and apparently their mismanagement of my building, resulting in the violations, is one nail in the coffin. The owner is NOT happy.
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Re: Painting

Postby Sky » Mon Jan 17, 2022 5:30 pm

I've witnessed HPD inspectors write violations for conditions in which no complaint was reported and conversely I've seen them fail to write violations for overt and serious conditions after comprehensively inspecting them based on numerous complaints. And everything in between.

The issue now is the simple fact that there's a violation on record. Period. It has a deadline for being remedied by the LL based on the class of the violation, and it also has the potential for a fine if not remedied within that time frame (dependent on huge variability of enforcement scenarios) and also for a rent reduction due to a breach of warranty of habitability.

As such its continued existence as an open violation translates into a liability for the LL. Further it reflects poorly on the LL's public record regarding maintenance of the property (with the proviso that many LL's couldn't care less).

I've never heard the proposition that the tenant has the ultimate authority to decide whether painting is required or not and it's therefor voluntary: can you please cite chapter and verse of the Housing Maintenance Code and/or prevailing court decisions? If you can do so I stand corrected.
My understanding is that it's a NY law (why would NYS/HPD be involved in inspecting and writing violations if they are wholly voluntary - it makes no sense. If that were the case they might as well be writing violations for the color socks a tenant wears). HPD is the agency mandated to enforce that law and if there's a dispute regarding HPD's actions then it becomes a matter for the courts to decide. The codes and statues reflect sanitation, hygiene, health, and habitability. You seem to be confused and/or misinformed: the tenant has no jurisdiction over HPD and cannot override HPD's administrative procedures. OTOH, perhaps there's a special waiver for the Housing Maintenance Code regarding sanitation, hygiene, health, and habitability: if there is I'd like to see it. Of course, as TenantNet states the pandemic has temporarily altered the timeline and protocols involved.

My own guess is that you have peeling, cracking, stained, moldy, water (or other damage), unpainted, and/or filthy walls and the HPD inspector observed this and wrote a violation. Typically a LL is going to have to remedy the issue and pay for an HPD reinspection to check for repairs and remove the violations.

It is out of your hands. It's an issue of the State of NY and thus now the LL. It will remain an issue of the State of NY until it is remedied and the violation is removed.

Other possible scenarios (with no comment on probability):
-All parties will ignore it.
-The violation will just linger and nothing will be done.
-The violation will be erroneously removed.
-HPD at their own initiative will sue the LL in court to seek a stipulation or judgment for repair of all outstanding violations to the apt. or building (and also possibly pursue fines).
-You oppose the painting and refuse it and the LL sues you for denying access, obstructing him from complying with his legal obligations to NYS, and perhaps even takes a hard line and seeks your eviction.

You can wait and see how this plays out and decide at a later date how to proceed when action seems wise.

If painting becomes inevitable you can proactively try to direct it to a time and manner of your choosing. For ex. if you do not want the apt. painted by the owner it's possible that you could paint it at your own expense. Depending on your relationship with the owner, you may wish to get his approval before doing so. Or preemptively schedule with him at a date that you can more comfortably accommodate rather than wait until such a time that the LL's feet are held in the fire and he's motivated to act ... which may be highly inconvenient for you.

It appears you are in an adversarial relationship with the LL: otherwise why would you be reporting conditions to a government agency(s)? It seems you're just getting your feet wet in this sort of thing. It's a problem as old as mankind. You've opened Pandora's box and strange unwelcome things have flown out: unintended consequences.

It's beneficial when going down this road to stay rooted in reality and not indulge in fantasies, such as rewriting HPD's administrative procedures to fit your own desired outcomes; although providing an emotional boost it will not aid you and can only be a liability in the long run. You will enjoy no tactical advantages by sticking your head in the dirt. Get your facts straight so you can determine the lay of the land, possible scenarios that will entrain, and what your options are. Forewarned is forearmed.


Good luck and let us know how it goes.


PS: My own general observation is that it's best to cultivate a good relationship with a LL if at all possible and that it's beneficial to step up to the plate and do what's necessary - even above and beyond the call of duty and even if the tenant has to take the initiative - in order to guarantee this because any good relationship takes work. A happy, cordial, respectful relationship is your best guarantee for a happy future in your home. Government agencies, adversarial energies, conflict, litigation, and war should be a last resort as it can be difficult - or even impossible - to reverse those energies to reinstate good relations (OTOH some thrive on perpetual warfare or get positively energized by conflict so as always YMMV). Be careful what you wish for. Once at war unintended consequences will abound so take stock and make sure you have the constitution and temperament required to wage war as not everyone does. Things may likely not go according to your fantasies or wishes ... as you've just discovered regarding a simple routine HPD inspection.

Note: edited for grammar.
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