Co-op Tenant Must Remove Washing Machine Barred by House Rule
LVT Number: July 2018
Landlord cooperative corporation sued to evict shareholder tenant for installing a washing machine in her unit in 2017 in violation of the building's house rules. Tenant pointed out that landlord had allowed her to keep a preexisting washing machine after enacting a house rule in 2014 against washing machines in apartments. The court must defer to landlord's business judgment as long as it's within the scope of its authority and in good faith. Tenant didn't dispute landlord's authority to enact the house rule, which was passed because the building's plumbing system wasn't strong enough to permit the use of washing machines in individual apartments. Installation of the new washing machine was a breach of tenant's lease and landlord didn't waive its right to enforce the house rule. The court gave tenant two and a half weeks to remove the washing machine to avoid eviction.
280-290 Collins Owners Corp. v. McCaskill: 59 Misc.3d 1229(A), 2018 NY Slip Op 50800(U) (City Ct. Mt. Vernon; 6/4/18; Seiden, J)