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Posted by TenantNet on November 12, 2000 at 10:04:29:

In Reply to: Re: Flooring posted by Richard on November 12, 2000 at 09:39:21:

Richard is correct that a court in NYC would give you time to cure, but we disagree with his assessment of your rights. Some leases provide that all or up to 80% of the apartment flooring be covered with carpet. And a LL can impose reasonable "rules" in the building, but this one (against a floating floor) is questionable. And this does not make such a floor "illegal" as Richard suggests. This is usually to protect the flooring from damage or (possibly--but we've never seen this used as an explanation) for sound damping for the unit below.

But the LL's reasing is absurd (and courts are reluctant to enforce anything that leads to an absurd result). You could sue for ANYTHING for flood damage -- clothes, TV's, etc. And a floor as you describe is not an alteration to the apartment. You would simply be placing something on the floor. And the second reason, sound tempering, could be overcome if you place a felt lining under the floating floor. Indeed, the floating floor would further protect the owner's floor from damage. It doesn't damage the LL's floor; it protects the LL's floor.

I wouldn't sign a waiver as you shouldn't give away your right to seek redress under any and all circumstances, but we believe the owner cannot prohibit what you are planning -- just our opinion. OTOH, you can ask the LL to repair broken tile as that falls within the Warranty of Habitability.

: : Well as a tenant you are NOT allowed to do any work on any apartment,without the landlord approval, or you might face eviction. even if you are rent stabilized!

: : Thank The other tenant who is a total jack assss by suing the landlord for a flood when he installed an Illegal floor. duh

: : Maybe and i stress maybe if they try and evict you, you could show the judge it is temporary floor and is removabale upon your vacating the apartment, and if a judge agrees then you can keep the floor, if not he will give you 10 days to cure that means remove it.

: : x
: : x
: : x
: : x
: : x

: : : I live in a rent stablizied apartment in NYC. I've been intending to install a floating wood floor, meaning that it's not glued or nailed down. They're locking planks that fit together and can easily be removed. Today the Super told me that I can't install the floor -- because another tenant who installed a wood floor has sued the building owners for flood damages to the floor, and the building owners have now prohibited wood floors in the building.

: : : My question is: can the building owners stop me from installing this floor? It's not much different than putting in carpet or tile. Certaily not as if I'm tearing down walls or anything like that. And I would certainly be willing to sign a waiver or whatever they want me to sign. Any help would be appreciated. Thanks.

:
: Thanks for the reply. Here's some more information that I left out of the original post. For eight years I've had carpet but recently had to take it out because of worsening allergies. That leaves a choice between the tile that came with the apartment or wood. The existing tile is pockmarked and broken. Basically disgusting. If the landlord refuses the wood floor, can I get him to do something about the tile?

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Comments:
: Richard is correct that a court in NYC would give you time to cure, but we disagree with his assessment of your rights. Some leases provide that all or up to 80% of the apartment flooring be covered with carpet. And a LL can impose reasonable "rules" in the building, but this one (against a floating floor) is questionable. And this does not make such a floor "illegal" as Richard suggests. This is usually to protect the flooring from damage or (possibly--but we've never seen this used as an explanation) for sound damping for the unit below.

: But the LL's reasing is absurd (and courts are reluctant to enforce anything that leads to an absurd result). You could sue for ANYTHING for flood damage -- clothes, TV's, etc. And a floor as you describe is not an alteration to the apartment. You would simply be placing something on the floor. And the second reason, sound tempering, could be overcome if you place a felt lining under the floating floor. Indeed, the floating floor would further protect the owner's floor from damage. It doesn't damage the LL's floor; it protects the LL's floor.

: I wouldn't sign a waiver as you shouldn't give away your right to seek redress under any and all circumstances, but we believe the owner cannot prohibit what you are planning -- just our opinion. OTOH, you can ask the LL to repair broken tile as that falls within the Warranty of Habitability.

:
: : :   Well as a tenant you are NOT allowed to do any work on any apartment,without the landlord approval, or you might face eviction.  even if you are rent stabilized!

: : :   Thank The other tenant who is a total jack assss by suing the landlord for a flood when he installed an Illegal floor.  duh

: : :   Maybe  and i stress  maybe if they try and evict you,  you could show the judge it is temporary floor and is removabale upon your vacating the  apartment, and if a judge agrees  then you can keep the floor, if not  he will give you 10 days to cure  that means  remove it.

: : : x
: : : x
: : : x
: : : x
: : : x

: : : : I live in a rent stablizied apartment in NYC.  I've been intending to install a floating wood floor, meaning that it's not glued or nailed down.  They're locking planks that fit together and can easily be removed.  Today the Super told me that I can't install the floor -- because another tenant who installed a wood floor has sued the building owners for flood damages to the floor, and the building owners have now prohibited wood floors in the building.

: : : : My question is:  can the building owners stop me from installing this floor?  It's not much different than putting in carpet or tile.  Certaily not as if I'm tearing down walls or anything like that.  And I would certainly be willing to sign a waiver or whatever they want me to sign.  Any help would be appreciated.  Thanks.

: :
: : Thanks for the reply.  Here's some more information that I left out of the original post.  For eight years I've had carpet but recently had to take it out because of worsening allergies.  That leaves a choice between the tile that came with the apartment or wood.  The existing tile is pockmarked and broken.  Basically disgusting.  If the landlord refuses the wood floor, can I get him to do something about the tile?


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