Bathroom Wall Tiling

Tenant filed a fair market rent appeal. Among other things, she questioned landlord's claimed 1/40th improvements to the apartment. The DRA ruled against tenant, finding that the fair market rent was more than the rent landlord charged tenant. Tenant appealed, again objecting to landlord's claimed costs. Landlord argued that new tiling on two walls in the bathroom was an improvement because it was done in connection with the installation of a new shower. The DHCR disallowed any rent increase for the cost of bathroom wall tiling. That work was done in connection with the shower, which was also disallowed because the bills weren't completely legible and the invoice referred to replacing a shower body, not to installing a new shower where there wasn't one before. Still, tenant's PAR was dismissed because the fair market rent remained higher than the rent landlord charged tenant.

Munk: DHCR Adm. Rev. Dckt. No. TC410016RT (5/18/05) [7-pg. doc.]