Co-op Tenant Can Be Evicted for Failing to Maintain Plumbing

Landlord cooperative corporation sued to evict tenant shareholder for failing to maintain and make repairs to her apartment. Landlord claimed that steaming hot water leaked from tenant's apartment. On Aug. 16, 2010, tenant had come home after being away for at least a week and found all windows were closed and the apartment was full of steam. This condition caused substantial damage, including buckled floors, melted ceiling fan blades, and mold throughout the apartment. Tenant discovered that hot water had been gushing out of the bathtub spout and collecting in the tub. She shut the bathroom water valve off to stop the water flow and called a plumber, who came the next day to replace the shower stem and seat. She also called her insurance provider the day after discovering the condition.

Two days after the incident, tenant's contractor came to rip out the moldy carpet, remove the moldy furniture, and wipe down the moldy walls. Four days after the incident, tenant notified landlord's property manager of the damage by fax. Three months later, the property manager and super came to inspect, and on Nov. 30, 2010, management sent tenant a letter stating that she was responsible for the damage caused by the leaking hot water. On Jan. 11, 2011, landlord sent tenant the notice of default, claiming that she was in violation of her proprietary lease for failing to repair and maintain her apartment and failing to provide access to the co-op to do so. Tenant didn't allow landlord into the apartment until April 11, 2011, when its insurance adjuster could also be present. Tenant claimed that landlord was responsible for maintaining the shower stem and seat.

The court disagreed. The stem was partially inside and outside the apartment wall and screws into the body of the faucet, which was completely inside the wall. The seat was attached at the end of the stem located within the faucet, and the seal on the faucet was created by the rubber washer on the end of the stem and seat. Tenant remained liable for their repair and maintenance according to the terms of her lease. Since she failed to make repairs, she violated her lease, and landlord was entitled to a judgment of possession and eviction warrant, as well as outstanding maintenance.

Trousdell Village Owners Corp. v. Gagliardo: 39 Misc.3d 1204(A), 2013 NY Slip Op 50449(U) (Dist. Ct. Nassau; 3/29/13; Fairgrieve, J)