Tenant Didn't Carpet 80% of Apartment Floor Area

Facts: Landlord sued to evict tenant for violating a lease clause that required tenant to carpet 80 percent of the floor area of her apartment. Tenant's downstairs neighbor had complained repeatedly to landlord and to the police about noise from tenant's apartment. Tenant claimed that she covered sufficient areas of the apartment floor with area rugs. She also said she had asthma and was allergic to carpeting. She argued that making her install carpet violated the warranty of habitability because of her condition. Court: Landlord wins. Tenant admitted that the throw rugs she put down covered less than 80 percent of the floor area in the apartment. This violated tenant's lease. In addition, the carpet installation requirement didn't violate RPL Section 235-b concerning warranty of habitability. Landlord didn't create any condition or defect. And tenant's expert witness even testified that hypoallergenic carpeting was available. The witness also testified that frequent vacuuming could help reduce dust conditions that tenant complained about.

Franken Builders, Inc. v. Ciccone: NYLJ, 2/3/04, p. 20, col. 1 (City Ct. Westchester; Colangello, J)