Removal of Washing Machine in Rent Controlled Apartment

[Misi]

New York.

Hi,

I own and live in a 4 unit building in Brooklyn, New York. It has recently come to my attention that my rent controlled tenant on the fourth floor has installed a washing machine. This machine causes my sink to back up and the tenants on the third floor complain about the noise. I know that I can get a $13.00 increase in the rent, but I'd prefer that she remove it. Do I have to get a lawyer to do that? Is there any law I can cite to her telling her she must remove it.

thanks in advance.What is the name of your state?

 

[BL]

New York.

Hi,

I own and live in a 4 unit building in Brooklyn, New York. It has recently come to my attention that my rent controlled tenant on the fourth floor has installed a washing machine. This machine causes my sink to back up and the tenants on the third floor complain about the noise. I know that I can get a $13.00 increase in the rent, but I'd prefer that she remove it. Do I have to get a lawyer to do that? Is there any law I can cite to her telling her she must remove it.

thanks in advance.What is the name of your state?

Knock on the door and tell him/her it must cease immediately and why , hand him/her a letter stating the same , follow up with a first class mail letter , and a RRR Certified letter .

State to the tenant , that he/she did not have your permission to use a washing machine in the apt. , that it is causing plumbing issues , and he/she must cease use of it immediately .

State that by it's use , it could cause significant damages that they will be held responsible for if it should happen .

State that if he/she does not cease it's use , you will have no choice but to pursue legal means .

Why don't you include no washing machines/dryers in the Apt. in your lease ?

Keep copies of your correspondences , and the return receipt for the certified mail .

If that letter is not signed for and comes back to you unopened , do not open it , but keep it to show the court if need be .

 

[Misi]

BL,

I was thinking of pursuing these means and had in fact started to draft such a letter. The thing is she admits there is a huge washing machine sitting in her kitchen, (how can she deny it) but claims she doesn't use it. I know she does because it backs up my sink.
I guess these are my questions:

1. Do I have a right to inspect her apartment to prove she has removed it. She could just use it during the day because she knows I'm out at work?

2. Is there a way to avoid going to court? It's going to cost a lot, but I guess I might consider it because it really is a safety question.

3. Approximately how much would it cost to take her to court?

thanks,
Guy

 

[BL]

BL,

I was thinking of pursuing these means and had in fact started to draft such a letter. The thing is she admits there is a huge washing machine sitting in her kitchen, (how can she deny it) but claims she doesn't use it. I know she does because it backs up my sink.
I guess these are my questions:

1. Do I have a right to inspect her apartment to prove she has removed it. She could just use it during the day because she knows I'm out at work?

2. Is there a way to avoid going to court? It's going to cost a lot, but I guess I might consider it because it really is a safety question.

3. Approximately how much would it cost to take her to court?

thanks,
Guy

You can give 24 hrs. notice to enter , make it in writing .

The problem then becomes , you providing proof she is still using it .

Let him/her know , you know by the backing up of your sink .

I hope it isn't overflowing .

 

[MIRAKALES]

LL does not need to show that washer/dryer are in use. LL only needs to prove and confirm the presence of the washer/dryer. No one purchases and installs an appliance without the intention of use. The Notice of Violation should be issued immediately and demand immediate removal of the appliances within five (5) days. If the unauthorized appliances are not removed then file in Small Claims Court (SCC). LL will need to show and prove damages to prevail in court. Damages can vary from additional water usage, plumbing bills, structure damages, etc. Affidavits from the existing tenants that witness the washer/dryer noise may also be useful. Photographs of the washer/dryer and plumbing clogs will be useful too.
Rent controlled and rent stabilized tenants may be removed for lease violations.

 

[Alaska landlord]

Have a plumber come in and remove the hose attachment valves. Without them she can't use the washer. Better yet, have them plugged and welded. You might also be able to attach your own cuttoff valves somewhere else in the building that will restrict the water going into those pipes.

 

[FarmerJ]

I agree with alask , if the lease didnt permit laundry equipment and it uses regular hose bib ended connections send the tenant notice via confirmed mail delivery that your going to have some maintenance done on her unit , with the date and have those taps removed. If this tenant is using a connecter that goes to the sink faucet ,take pics of it and back it up with confirmed mail or registered mail notice that she is violating the lease and if she doesnt remove the washer from the unit you will have no choice but to start the process to get her out. BTW do you provide coin operated laundry in the building ?

 

[Misi]

Thanks everyone.

First, do I have the right to issue a Notice of Violation or do I get the NYDHCR to do that?

Second, what is an SCC?

Third, there is no lease as far as I know. She has been in the building around 30 years and I've certainly never seen a lease so I don't think I can claim it's against her lease. Does that mean I cannot get her to remove it? I never agreed to it.

I am thinking about pursuing this pro se, do I file in housing court or supreme court?

Ist there some agency that for a fee makes sure a pro se litigant has there papers in order?

thanks again for all the useful advice.

 

[BL]

Thanks everyone.

First, do I have the right to issue a Notice of Violation or do I get the NYDHCR to do that?

Second, what is an SCC?

Third, there is no lease as far as I know. She has been in the building around 30 years and I've certainly never seen a lease so I don't think I can claim it's against her lease. Does that mean I cannot get her to remove it? I never agreed to it.

I am thinking about pursuing this pro se, do I file in housing court or supreme court?

Ist there some agency that for a fee makes sure a pro se litigant has there papers in order?

thanks again for all the useful advice.

Consult a Landlord Tenant attorney .

Have you even given the tenant written notice to cease immediately yet ?

 

[ecmst12]

If you are considering trying to evict someone from a rent controlled apartment in NYC, you'd better have professional help. It will be an uphill battle. And I'd bet she gets rid of the washer before she lets herself get evicted, once she sees you mean business. The Laundromat will be less expensive in the long run then losing her rent control.

 

[Misi]

I hold no hope of evicting her. I just want her to get rid of the washing machine as it backs up my sink, bothers the people below her, and it costs me to heat the hot water. I'm also afraid of it overflowing.

I gave her a letter yesterday telling her to remove it within thirty days. She said she wouldn't.

The question is, which court would handle this - housing or supreme. I've called up NYDHCR and they said supreme but my next door neighbor says she had the same problem and went to housing court. I feel like if someone could point me in the right direction, - this is the court, this is the type of filing, I could take it from there. thx.

 

[BL]

I hold no hope of evicting her. I just want her to get rid of the washing machine as it backs up my sink, bothers the people below her, and it costs me to heat the hot water. I'm also afraid of it overflowing.

I gave her a letter yesterday telling her to remove it within thirty days. She said she wouldn't.

The question is, which court would handle this - housing or supreme. I've called up NYDHCR and they said supreme but my next door neighbor says she had the same problem and went to housing court. I feel like if someone could point me in the right direction, - this is the court, this is the type of filing, I could take it from there. thx.

http://www.courts.state.ny.us/courts/nyc/housing/represent.shtml

http://www.courts.state.ny.us/courts/nyc/housing/index.shtml

The Housing Part handles only residential landlord and tenant cases. Commercial landlord and tenant cases and ejectment actions are handled on the civil side of the Court.

 

[FarmerJ]

The cost to you for that clothes washer is more than heated water, Every gallon of water HOT or cold and the additional fees on your sewer rate will add up as well as one of two things , If the washer is connected and floods the unit below her you could be faced with one to two rooms of ceiling repairs as well as what ever damage is done to the walls , OR if it were slow leaks it could indeed destroy the flooring as well as plaster damage to the unit below and if the unit below is old enough then you could be faced with lead abatement cleanup to prevent hazzard to the tenant below. BTW If you did not get any leases with the purchase of the property do you think one of the tenants might have a old lease that you could review ? or is she the only long term old tenant in the building? Send her the notice about removing the machine, If she ignores you or challenges you , ask her for a copy of her lease.

 

[Alaska landlord]

I had a baseboard water pipe burst last year with a total of about 5000.00 in damages. That included replacement of the ceiling below the tenant, carpet cleanup and welding of he pipe.
Op could take the long road of giving notice to quit or bypass the pipes the tenant is using as a water supply to the washer. To me hiring a plumber is cheaper in the long run.

 

[MIRAKALES]

First, do I have the right to issue a Notice of Violation or do I get the NYDHCR to do that? Second, what is an SCC?
I am thinking about pursuing this pro se, do I file in housing court or supreme court? Is there some agency that for a fee makes sure a pro se litigant has there papers in order?

The Notice of Violation should be issued by the LL, unless NYDHCR has specific guidelines that require notice to their offices prior to notification to tenant.
SCC means “Small Claims Court.” Sorry for the abbreviation. What does NYDHCR mean?
The NYDHCR guidelines should address the issue of lease violations to provide a procedure to eliminate violations (not specifically the washer/dryer matter).
Generally, housing courts manage issues of non-payment and premise possession. (Some states require all LT matters to be addressed in housing court.) Generally, Supreme Court or Appeals Court are reserved for large damage suits and serious damages or injuries. This is, at best, a SCC matter. It may be best to request an arbitration hearing (outside of the court) to help mitigate the matter. This can be effective when the laws are not clear and dialogue is necessary to come to agreement.