Does my NYC landlord have to paint every three years?

Yes. If you live in a New York City building with three or more apartments, the owner must repaint (or re-cover) the walls and ceilings of your occupied apartment every three years, under Section 27-2013 of the city's Housing Maintenance Code. The landlord rarely volunteers it, so you usually have to ask, and if they refuse you can file a complaint with HPD through 311.

The rule has been in the code since August 3, 1967, according to NYS Homes and Community Renewal. Here is what it covers, the exceptions, and how to get it done.

What the law requires

Section 27-2013 has several parts. In plain English:

• Apartments in multiple dwellings (3+ units): the owner must paint or cover the walls and ceilings, and repaint or re-cover them every three years, or more often if a contract or another law requires it.
• Public halls and tenant-occupied units in one- and two-family houses: no fixed schedule. The owner must repaint when HPD judges it necessary to keep the surfaces sanitary.
• Records: owners of multiple dwellings must keep records of when each part was last painted and by whom, and show them to HPD on request.
• Windows outside: a related section requires exterior window frames and sashes to be painted at least once every five years, unless they are corrosion-resistant metal.

The exceptions and fine print

You can agree to wait, but only so long

An owner and tenant may agree to push the repainting back by up to two years, so up to five years in total. The agreement must be made no more than one month before the three-year period ends and cannot be part of the lease. HPD can still order painting if the apartment needs it to stay sanitary. If a lease clause says you waive painting, it does not meet this rule.

If the walls got dirty because of you

If an apartment becomes unsanitary within three years of the owner's last paint job, HPD can require the tenant to repaint. If the tenant wasn't at fault (a leak stained the ceiling, for example), HPD can require the owner to do it.

Wallpaper

Owners don't have to wallpaper walls they never covered before. If you put up your own wallpaper, you must remove it before the owner redecorates; the owner removes coverings it or a former tenant installed.

Color

Section 27-2013 does not say who picks the color. HPD violations for this section order owners to paint “with light colored paint,” so expect white or a neutral shade. For rent-controlled apartments, HCR says past practice sets the color scheme, and an owner painting for the first time only has to use a neutral shade.

Rent-controlled apartments: past practice counts

For rent-controlled tenants, HCR treats painting and decorating as an essential service included in the maximum rent. Fact Sheet #28 says the owner generally must paint at two-year intervals, or every three years if that was the owner's practice. If the owner always supplied paint and the tenant arranged the painting, or painted a room or two at a time, continuing that practice satisfies the rule. Depending on past practice, the service can include shades, blinds, wallpaper and trim as well as plastering.

If an owner of a rent-controlled apartment paints for the first time to meet the Housing Maintenance Code, HCR treats it as an Individual Apartment Improvement. The owner must file with HCR and prove painting was not previously an essential service, going back 10 years, before collecting a permanent increase of 1/180th of the cost (buildings with more than 35 apartments) or 1/168th (35 or fewer). See the IAI rent increase calculator.

How to get your apartment painted

1. 1

   Work out when it was last painted

   Check your move-in date and any record of a paint job. If you moved in more than three years ago and nobody has painted since, you are likely due.
2. 2

   Ask in writing

   Email or write to the managing agent: cite Housing Maintenance Code §27-2013, say when the apartment was last painted, and ask for a date. Ask them to cover or move furniture and protect floors as part of the job.
3. 3

   Schedule access

   Painting is not an emergency, so the owner should arrange access in advance. See when a landlord can enter your apartment.
4. 4

   File a 311 complaint if they refuse

   Use 311 Online or call 311 and describe the walls and ceilings and when they were last painted. HPD can inspect and issue a violation. See how to file an HPD complaint.
5. 5

   Rent-regulated? Consider HCR

   Rent-stabilized and rent-controlled tenants can file a decreased-services complaint with NYS Homes and Community Renewal (Form RA-81). HCR recommends writing to the owner first and attaching proof of that letter.

Painting orders are among the most frequent violations HPD writes; the count above includes public halls as well as apartments. You can check a building's record on its Roofy building page.

This guide is general information, not legal advice. Your lease and your apartment's regulatory status can change the details; HPD (via 311) and HCR are the official places to confirm.