Can Rent-Controlled Tenant Have Washing Machine?

Rent-controlled tenant asked the DHCR if she could continue to have a washing machine in her apartment after landlord mailed notices to all tenants stating that washers and dryers weren't Permitted. In an opinion letter, the DHCR stated that tenant probably couldn't have a washing machine if there was a lease provision barring ft. However, even if tenant's lease barred washing machines, tenant may be able to keep the machine if 1) landlord gave her permission and ft became an essential service; 2) landlord got a rent increase for tenant's use of the appliance; 3) landlord gave up its right to object to the washing machine by permitting tenant to use ft for an extended period; or 4) tenant has a medical necessity for having the washing machine. Even if there was no lease clause against washing machines or if tenant fit under one of the exceptions, landlord could still have reasons to object to the washing machine if it caused damage to individual apartments or to the building's plumbing or electrical systems.

DHCR opin. Ltr. by Charles Goldstein (3/18/98) [2-page document]