Tenant's Washing Machine Hook-Up Violates City Plumbing Code

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant had installed a washing machine in her apartment that was operated by an illegal hook-up. At trial, landlord showed that the water supplies to the washing machine weren't protected by an adequate air gap or vacuum breakers. This violated the requirements of the New York City Plumbing Code. Landlord's plumber testified that the purpose of the vacuum breakers was to protect the drinking water supply in the event of a backup. Landlord also showed that the machine's discharge waste pipe didn't have an air break into an open standpipe with a two-inch trap, as required by the Plumbing Code. Landlord's plumber testified that the trap was needed to prevent overflow. Tenant's plumber testified that the required vacuum breakers were installed after tenant's lease was terminated and that the two-inch trap wasn't required because the sink into which the washer discharged acted as a laundry tray, which the Plumbing Code required only to have a one and one-half inch waste outlet.
The court ruled for tenant and dismissed the case. Landlord appealed and won. The washing machine's hook-up remained out of compliance with the Plumbing Code because the discharge wasn't spilled into an open standpipe that had a two-inch trap. Tenant also failed to have the vacuum breakers installed before lease termination. Tenant created a nuisance, and landlord was entitled to a judgment of possession. However, the court gave tenant a last chance to cure by delaying issuance of the eviction warrant for 10 days after service of the final judgment.

Dov Glick, Inc. v. Cuevas: NYLJ, 12/18/07, p. 33, col. 6 (App. T. 2 Dept.; Patterson, JP, Golia, Belen, JJ)