New Floor Tiles Darker Than Old Ones

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Mt. Vernon tenant complained of reduced services, claiming that, due to repairs, floor tiles in the bedroom didn't match. Landlord argued that the differences were purely cosmetic and didn't constitute a service reduction. A DHCR inspection showed that about one-half of the bedroom floor was a lighter color than the other half. The DRA ordered a rent cut, and told landlord to ''sand, scrape and refinish'' the floor to get a uniform color. Landlord appealed, arguing that it didn't have to replace undamaged floor tiles, and that the difference in the shades of the wood was due to the natural darkening over time. Tenant claimed that the color difference wasn't cosmetic, but was due to steam and water damage from broken pipes under the floor. The DHCR revoked the rent cut. The color changed due to the passage of time, so it was cosmetic in nature. And tenant can't raise the issue of damaged floor tiles for the first time on appeal.

Monticello Leasing Company: DHCR Adm. Rev. Dckt. No. HL 910045-RO (1/24/95) [4-page document]