Mismatched Floor Tiles Not Minor Condition

Rent-stabilized tenant complained of a reduction in services based on damaged floor tiles throughout his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant had not moved his furniture when landlord’s contractor arrived. So landlord couldn’t remove and replace damaged floor tiles. Landlord also claimed that the condition of the floor tiles was a de minimis--or minor--condition that didn’t warrant a rent reduction. Landlord argued that it shouldn’t be penalized if replacement tiles didn’t match the old tiles.

The DHCR ruled against landlord. The DHCR’s inspector found torn, chipping, and missing floor tiles in three bedrooms, as well as in the living room, of the apartment. Tenant had refused to allow landlord to replace the damaged and missing floor tiles with tiles that had the same pattern but were of a different color. This wasn't a minor condition. The new tiles didn't match the old tiles. As in some prior cases, the DHCR found that replacement of tiles with tiles of a different color was an improper repair.

Loran LP: DHCR Adm. Rev. Docket No. XA610030RO (6/5/09) [4-pg. doc.]