condo 80 carpet rule

magazine articles dating back to 2002. Stories you can use to make your building better, keep it out of trouble, save money, enhance market value, and make your board life a whole lot easier! Can I legally force them to install wall-to-wall carpeting? The 80/20 Rule. If you live in a dense city such as New York or San Francisco, then an area rug may be more than merely an item of decor. The rule in my building says "the floors of each apartment must be covered with rugs or carpeting to the extent of at least 80% of the … As for which rooms are required to have carpeting, Roberts points out that while many New Yorkers assume the so-call "80 percent rule" to be a matter of law, it's actually just a common regulation set down by individual buildings, so it all depends on what house rules your co-op has laid out. Applying the 80-20 Rule to Carpet Cleaning. After properly serving a notice to cure and inspecting the apartment for compliance, the co-op brought a holdover proceeding, seeking eviction for each of the above-mentioned reasons. I'm speaking about throw rugs, not wall to wall carpet. How much should you renovate your NYC apartment before selling it? They have three young children who run around and make a lot of noise. Rather, the lease provision, in seeking to achieve a legitimate noise abatement purpose, allowed any shareholder to, within broad outlines, choose carpeting or rugs to suit his or her particular health requirements. Most typically, the rule excludes kitchens and bathrooms and requires carpeting of 80 percent of the rest of the floors in the apartment. New York's Cooperative and Condominium Community, The Habitat Article Archive includes the full text of all of our Then don’t miss a beat! To read this article and gain unlimited access to the Habitat Article My husband and I just received a letter from the management company of our apartment building that they have received numerous noise complaints from our downstairs neighbor. You can afford to treat yourself to a bit of luxury in the bedroom, where a softer pile will withstand slippers or bare feet, but you’ll need something with a dense, tight, low-pile tuft in those high-traffic areas. Although not common everywhere, this rule does appear in lease agreements in some places other than the Big Apple. As its very language suggested, the court said that Section 235-b was designed to insure that every apartment, at a minimum, meet a threshold standard that the premises "are fit for human habitation." In her answer to the petition, the shareholder denied the material allegations and raised several affirmative defenses, technical and substantive. Indeed, the co-op in this case, said the court, had done nothing more than require, by lease provision, that the shareholder take steps to cover 80 percent of the floor, steps that would serve a legitimate and reasonable purpose: noise abatement for the benefit of other shareholders. If a lawsuit sounds like an even bigger hassle to you than your current noise channels, consider diplomatic channels: Our experts have previously recommended mediation in these kinds of situations, or striking up a compromise like offering to pay for part of the cost of new carpeting (or thicker padding). *By signing up you agree to receive occasional emails on behalf of our sponsors, 510 Fifth Avenue, 3rd Floor However, it is a widespread practice in certain metropolitan areas, such as New York, NJ, Los Angeles, and San Francisco, where the requirement is sometimes raised to 85% percent. Mr. Metz notes that the rule is designed primarily to protect landlords and only indirectly to benefit other tenants. almost 6 years ago. Ask an Expert: Does our co-op's 80% carpet rule apply to the renters upstairs? Areas Manhattan; Brooklyn; Queens; Bronx; Staten Island; New Jersey; All NYC + NJ; Near Me; ... 80% carpet rule Started by Obscureone. For example, a condo rule cannot contradict the condo corporation’s by-laws, declaration, or the Condo Act. Choosing a Carpet Choosing a Carpet. A: To determine your neighbors' rug requirements, you'll need to look into your building's specific rules, say our experts , and even if they are in your favor, they'll be tough to enforce. This is to prevent noise from reverberating throughout the building and particularly, as a courtesy to nearby neighbors. If you’re a tenant in a New York City high-rise apartment or condo, you’re probably familiar with the “80/20 carpet rule,” which requires you to cover 80% of your floors with carpeting. Noise is often a contentious issue in multi-unit residences, as any condo dweller can attest to. For those who want … Here are Brick Underground's top quarantine picks, Buying in a building where you already own? The answer was clearly "yes" in Fraken Builders Inc. v. Joanne M. Ciccone, even when the co-op occupant argued that she was allergic to the carpeting and thus should be exempted from the rule. Delivered to your inbox twice weekly - for free. 80% carpet rule not in our lease but is being enforced. The court said that such a provision, under the facts adduced at trial, clearly failed to amount to a breach of the implied warranty of habitability set forth in RPL 235-b. What fees will I have to pay when refinancing my NYC co-op mortgage? A: To determine your neighbors' rug requirements, you'll need to look into your building's specific rules,  say our experts, and even if they are in your favor, they'll be tough to enforce. At trial, the co-op elicited the testimony of several witnesses, including its building manager who had, among other things, conducted initial negotiations with Ciccone; the former occupant of the shareholder's apartment, and the then-present (now former) downstairs neighbor, who testified concerning her noise complaints. I've searched & have not located this law. As the Court of Appeals stated in Solow v. Wellner, "the implied warranty protects only against conditions that materially affect the health and safety of shareholders or deficiencies that 'in the eyes of a reasonable person ... deprive the shareholder of those essential functions which a residence is expected to provide.'" Posts: 1 Member since: Feb 2015 Discussion about . And does the "80 percent rule" for carpeting include every room in the apartment, i.e. On top of that, you almost certainly won't have the legal grounds to strong-arm the renters upstairs to spring for wall-to-wall carpeting. The co-op also claimed that, in violation of a separate lease provision, the shareholder had installed linoleum on parts of the apartment floors. The rule in my building says "the floors of each apartment must be covered with rugs or carpeting to the extent of at least 80% of the floor area of each room, excepting only kitchens, bathrooms, closets, and pantries." According to the shareholder's own measurements and calculations, of the total floor area of the living and dining rooms - 585 square feet - only a 363 square-foot-area (or 62 percent) was covered by the throw rugs.

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