Replacement of Bathroom Wall Tiles

Tenant complained of a rent overcharge. The DRA ruled for tenant. Landlord appealed, claiming that it had made apartment improvements for which the DRA should have granted a rent increase. Landlord had installed new bathroom wall tiles. The DHCR ruled against landlord. The installation of bathroom wall tiles doesn't qualify as an apartment improvement unless it replaces an entire area of existing wall tiles or is part of a complete bathroom renovation in which none of the existing tiles remains. Since landlord replaced some of the existing wall tiles, the work was ordinary repair work rather than apartment improvement. The DRA properly disallowed any rent increase for this work.

Clymer Morton Co./Richard: DHCR Adm. Rev. Dckt. Nos. MA110033RO and MA110034RT (11/16/00) [7-pg. doc.]