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Does my LL have to install kitchen tiles

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Does my LL have to install kitchen tiles

Postby JOEYD » Mon Jan 06, 2003 11:49 pm

Hello,
I recently moved into an apartment in the Bronx,Its very nice the only problems i have are

1.the glass mirror in the bathroom on is scratched pretty bad.The scratches were there b4 i moved in and told the super,he said he dont know if the landlord will get new glass.Does he by law have to change it?

2.The kitchen floor is wood,its not brand new but its not in the worst of condition.The super said that the landlord wont change it because he likes it and my apartment is the only apt. int he building with this.The super also said thatif i want it to be tile i have to get a professional to do the work t my expense.By law is there suppose to be tiles on the floor in the kitchen? please help my email is joeyd00@hotmail.com
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Re: Does my LL have to install kitchen tiles

Postby Chimera » Tue Jan 07, 2003 3:08 am

I am reasonably certain that your landlord isn't legally obligated to remedy either of your complaints. In fact, I've never rented an apartment that actually did have tiles, only ugly linoleum . . . I'd be very happy to have wood floors instead ;) . You can always ask the landlord in writing (the super may or may not be relaying your requests to the landlord), but I would start with the more reasonable mirror complaint. You already know that he doesn't want to put tiles down and asking him again will only hurt your chances, unless you offer to pay for it yourself.
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Re: Does my LL have to install kitchen tiles

Postby Cranky Tenant » Tue Jan 07, 2003 3:26 am

Agreed. I don't remember seeing anything requiring a LL to install tiles, or even linoleum in the kitchen. Considering the kind of wear and tear kitchen floors tend to get, linoleum or tiles are generally a better choice, but I doubt there's anything requiring it.

If your LL "likes" the wooden floor, there's a good chance he won't be happy if you change it.
I'm a cranky tenant NOT a cranky lawyer.
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Re: Does my LL have to install kitchen tiles

Postby Sean Flaherty » Thu Jan 09, 2003 11:13 am

Yo, Joe, you should be careful about modifications to your apartment. Could cause major friction with you and the landlord and I believe there are clauses in most leases that suggest any major changes need to be approved by your landlord in writing (this would include plumbing, electrics, most carpentry, and definitely floors).

I won't ask why you'd prefer the spurious charm of linoleum to the coveted wood floor.

Best of luck.
Sean
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Re: Does my LL have to install kitchen tiles

Postby Phil Cohen » Thu Jan 09, 2003 6:02 pm

I agree with what's been posted, with one exception--I would check the building code, which I do believe is online somewhere, to find out whether a wooden floor is legal for kitchens.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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Re: Does my LL have to install kitchen tiles

Postby JOEYD » Sun Jan 12, 2003 1:03 am

I just wanted to give a better description than the one my bf posted for our kitchen floor. The wood is not in the kind of condition that anyone, including people with linoleum, would covet. It appears that there are two different types of wood, one lighter than the other, and there are white spots on several areas of the floor;as if the floors were bleached.I love wood floors, and do not mind the wood in the rest of the apt. I am concerned that the kitchen floor is going to get ruined faster without a covering. The LL already gave us permission to lay tiles down. I just wanted to know b4 we went out and spent our money, if this was something that by law was supposed to be taken care of by the LL.
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Re: Does my LL have to install kitchen tiles

Postby Cranky Tenant » Sun Jan 12, 2003 6:05 am

Some of this may vary according to when the building was erected but Section 33 of the Multiple Dwelling Law says



Sec. 33. Cooking spaces.

1. Every space which is intended, arranged or designed for
cooking or warming of food shall be either a kitchen or
kitchenette. The term "kitchen" shall mean such a space
fifty-nine square feet or more in floor area. The term
"kitchenette" shall mean such a space which is less than
fifty-nine square feet in floor area.

2. Every cooking space shall be deemed to be in compliance with
this section if such space was accepted or approved by the
department on or before July first, nineteen hundred fifty-
two, and is maintained in accordance with such acceptance or
approval.

3. Except as provided in sections sixty-one and sixty-seven and
subdivision two of this section, a kitchen or kitchenette
shall be unlawful unless it is constructed, arranged and
maintained in compliance with the following applicable
provisions:

a. The ceiling and walls, exclusive of doors, of all
kitchenettes shall be fire-retarded or in lieu thereof
such space shall be equipped with one or more sprinkler
heads to fuse at a temperature not higher than two
hundred twelve degrees Fahrenheit. Such heads shall be
connected to the water supply through a pipe of at
least one-half inch inside diameter.
So unless the kitchen has a sprinkler system wooden floors may not be legal.
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Re: Does my LL have to install kitchen tiles

Postby Cranky Tenant » Sun Jan 12, 2003 12:22 pm

True enough. It doesn't include floors And even if floors are included somwehere else, that doesn't mean the LL is going to take this kind of complaint lightly.

I agree with me again that I would get the LL's permission in writing before making any changes.
I'm a cranky tenant NOT a cranky lawyer.
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Re: Does my LL have to install kitchen tiles

Postby Phil Cohen » Sun Jan 12, 2003 8:46 pm

This tenant may also want to peruse the building code, online at:
http://www.nyc.gov/html/dob/html/code.html
Keep in mind that I am a tenant. Not a lawyer!!!!!
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Re: Does my LL have to install kitchen tiles

Postby JOEYD » Sun Jan 12, 2003 11:27 pm

Well the LL did say i could put tiles down but at my expense.I was just wondering if by law or code he had to put them down.I have the only apt. in the building with tiles. When the super was here he said the LL left wood floors because he liked them. He's not the one leaving in the apt I am.Also when i signed a lease he told me i had to get a 1 yr lease and after 1 yr is up then i have a choice of 1 or 2 yrs. I read everywhere that its my choice to choose 1 or 2 he cant say i have to take a 1 yr lease.
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Re: Does my LL have to install kitchen tiles

Postby jot0n0 » Wed Jan 15, 2003 3:12 pm

The initial lease term is up to the LL, but after the initial lease expire, LL must offer a choice of 1 or 2 yrs, provided that your apartment is rent stabilized, this stipulation does not applies to free market apartment.
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Re: Does my LL have to install kitchen tiles

Postby joliett » Sat Jan 25, 2003 10:43 pm

I may be wrong but I dont think the wood floors are illegal.
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www.TenantEngineer.com
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