Unauthorized Washing Machine Caused Plumbing Damage

Landlord sued to evict rent-stabilized tenant for installing and using a washing machine in her apartment in violation of a substantial obligation of her tenancy. Tenant didn't obtain landlord's written permission to install the machine. Landlord also claimed the washing machine was causing leaks and damage to the apartment below, and that the machine had clogged the sewer line. Landlord sent tenant a 10-day notice to cure and 10-day termination notice before starting the housing court proceeding.

The court ruled for landlord after trial and gave tenant a brief opportunity to remove the machine in order to avoid eviction. Tenant failed to prove any waiver by landlord. She didn't demonstrate that landlord knew about her washing machine before the building super saw a hose discharging soapy water from her window in 2016. Her testimony that the prior super saw the washing machine because he installed a stove in her apartment was vague, unconvincing, and contrary to building staff testimony.  Tenant also claimed disability discrimination. But even if allowing the washing machine was arguably a "reasonable accommodation" for a handicap, the law didn't require a reasonable accommodation to a tenant that would result in substantial physical damage to the property of others. Tenant also failed to prove she was a handicapped person or provide evidence of how any physical conditions limited her daily activities.

Landlord also showed that the equipment and plumbing that supplied hot water to the apartments and laundry room at the building could not safely accommodate a washing machine in an individual apartment. Landlord's heating and hot water specialist testified that the plumbing at the building wasn't designed for individual washing machines, which would "wreak havoc on the plumbing" and cause temperature fluctuations to the entire line.

Hunts Point Hous Dev. Fund Corp. v. Ferebee: 65 Misc.3d 1223(A), 2019 NY Slip Op 51823(U) (Civ. Ct. Bronx; 11/14/19; Lutwak, J)