Is LL legally required to repair this?

[HAJ77]

However unsightly the repairs might be, unless they fail to meet code you don't have any grounds to make a case. Besides that, is it really worth fighting a battle over tile color and shape?

[Cranky Tenant]

I havent done the research lately but, a few years ago I filed complaints against my LL with the City ahd DHCR. Inspectors determined that the entire apartment needed to be painted, and that walls, ceilings etc must be painted an even matching color.

For example the LL has to use matching paint on all the walls of a single room. If there are ceiling tiles, all of the tiles have to match and be the same color.

When DHCR inspectors determined some of the work was done "in an un-workman-like manner" they issued a rent order.

I 'm not a lawyer but I would imagine this would apply to bathroom tiles as well.

<small>[ October 15, 2002, 04:35 PM: Message edited by: Cranky Tenant ]</small>

[HAJ77]

So, since you can't or won't pay the rent that you are legally obligated to pay each month you want us to help you find violations in your apartment?

Perhaps you have been misinformed, but this site is called TenantNet, not "I don't feel like paying my bills so how can I lie/cheat/steal my way out of them"

<small>[ October 19, 2002, 10:09 PM: Message edited by: HJ ]</small>

[HAJ77]

You're right if HPD or DHCR says they are violations that fine. But, you are posting messages to this group in an attempt to "fish" for violations over idiotic problems like tile color and shape.

If you want to fight a non-payment claim on the merits of tile color be my guest, but most judges in this city are far too smart to fall for such juvenile and completely ridiculous claims. Plus, since you can't or won't pay your rent, I will assume you don't have an attorney, do you really think you stand a chance of getting a judge to buy such a moronic complaint without sound legal footing. Your LL's attorney will have a field day in court.

[Cranky Tenant]

Originally posted by joey:
The law says that I can't be evicted for non-payment if there are violations in my apartment. I don't have a place to move to until Jan. 1. I have a legal right to stay as long as I can without paying rent until violations are corrected. If HPD or DHCR says I can do it then it's not "lie/cheat/steal".

Not exactly. If DHCR or HPD inspects your apartment and finds violations, they may reduce your rent, or the court might grant you an abatement, until the violation is cured.

While any abatement or reduction in rent may offset the amount you owe the landlord, it doesnt absolve you from paying rent. And, any reduction would only apply from the time an inspection was made (or the date of a rent orde) and the date the LL demonstrated he had fixed the violation.

Obviously if the tile work was done a year ago, and you only began to complain now, you're not going to be granted an amount based on the past year.

Please keep in mind that I'm NOT a lawyer and anything I say is simply a tenant's opinion.

[subcriminal]

If the tiles were installed properly and they work, that is not going to be considered a violation. I'm pretty sure the "color matching" issue only applies to wall and ceiling "paint". Otherwise your landlord is only obliged to keep things in working repair, it isn't required to look like a flawless condo on the upper east side.

I think that withholding rent for a cosmetic issue is rediculous if you have a rent stabilized apartment. I'm sure the courts will agree, especially since you've waited this long to complain about it. :confused: