Illegal Washer Dryer
My rent controlled tenant has installed a washer dryer. This is causing sinks to back up, creates noise to the tenants below her, and could cause a massive flood if it overlowed. Anyone have any tips on how I can get her to remove it. I’ve already given her a letter explaining why I want…
My rent controlled tenant has installed a washer dryer. This is causing sinks to back up, creates noise to the tenants below her, and could cause a massive flood if it overlowed. Anyone have any tips on how I can get her to remove it. I’ve already given her a letter explaining why I want it removed but she simply refuses. I’d prefer not to just consult a lawyer. thx.
The only way to get a court order is to file for a Notice of Termination of her lease. She defeats it by removing the washing machine.
You should explore whether there’s a way to get a court order to remove the washing machine (as opposed to ending the rent controlled tenancy). You could probably just go in and remove it yourself (or hire a NYC Marshal to do it) if done pursuant to court order. I’m not sure whether you would have to do that in housing court or in supreme. You will be much more sympathetic to the court if not seeking to end the tenancy. It may also be cheaper and certainly faster. You should spend time gathering evidence about the harm/safety risks caused by the washing machine. You should probably have some kind of inspection and report. You should also document all problems caused by the washing machine. If you do not have your evidence together, you are not ready for court. Try to at least consult with a good lawyer who can think outside the box a bit and come up with a creative, and more appropriate, solution to your problem (not one of those hacks who hangs around the housing court evicting people for a living).
I can’t believe how stupid Ysabelle sounds on nearly every single post she does. It’s kind of unreal.
2:41
I don’t think a judge will consider me a slumlord as I’ve just rewired the building at a cost of $50,000 including the RC apartment. There are only 4 units in the building, I live in one, so I have two free market rentals. That said, I know that judges are not all that favorable to landlords but what do I have to lose. She is already constantly calling the city and getting her apartment inspected for any perceived infraction.
I’m being very careful in making sure it can in no way even be perceived as retaliation and I’ve owned the building for almost 20 years without taking her to court so I think I’m safe on that score. I really just want her to get rid of that washing machine. I also figured out that with a Notice to Cure there is no statutory way to serve it. I’ve been learning a lot about housing law over the years with my problem tenant. I think I just need a housing lawyer to review my Notice of Termination and I can handle it from there.
Honestly in your case I would advise a lawyer. If she screams at the judge in L/T, then I wouldn’t worry about L/T. No judge likes to be screamed at, and the washing machine and satellite dish and the painters who wouldn’t go back in there should be always in the first paragraph of any paper you file.
Is it fair? No. The sorriest part is, if she were genuinely disabled, instead of merely crazy and deeply narcissistic, it would be fair. The vast majority of disabled people try to minize the burden of their disabilities on everyone else. It’s just there’s no way for the law to distinguish between the truly disabled on SSI and the undeserving few who managed to get benefits — until she screams at the judge, that is. So I would take her to landlord/tenant.
about ten years ago, i was asleep, dreaming of a waterfall. It was a very real dream and the water was very wet. My RC tenant had clogged her kitchen sink with vegatables and left the sink running. I had “metered” faucet installed (i.e. runs for a limited time only) and put in an oversized drain at my cost. Within the year she was in a nursing home and two years later the apartment was vacated.
grin and bear it because there aren’t too many other options. when someone has a problem with RC tenants and pigeons and squirels, I’ll be back.
If you decide to go the lawyer route, I recommend Susan Cornicello. She was referred to us by Naomi Gardner (mentioned elsewhere in this post). Susan specializes in landlord-tenant stuff. Naomi I believe is more of a real estate transaction lawyer. Susan helped us with an eviction. We found her very easy to work with. It sounds like you are a DIY-type guy, but we were very happy to have a professional handle our issue. Missteps can be costly.
What NY State governing body dictates an owners right to refuse a tenants desire to have a washing machine that is causing “hardship” to all other occupants of a house?
Who is in control of the rules of the house – owner or tenant?
OK so forget about eviction, Tenant NO WASHING MACHINE! I’m not trying to get rid of you I am simply telling you no washer in the apartment that you rent from me.
You mean to tell me that this crazy lady has complete control over the owners simple request to stop using a washing machine. Isn’t there a much bigger and uglier picture here?
Brooklynnative:
I am a real estate attorney who works in Brooklyn. You seem to have figured out a few things for yourself, but here are a few items from my experience:
1) The system (housing court in NYC) is rigged to the advantage of tenants, even more so for rent controlled/stabilized tenants. The system is a disaster. Housing court judges are astonishingly pro-tenant. Sometimes they can take pity on a landlord of a small-time owner-occupied building, but in your case you probably have over 6 units and you have rent controlled tenants. Judges will probably look at you like a slumlord no matter what the rality is.
2) Rent control imposes very specific legal requirements (eg. specific content of notices and the way notices are delivered) on any legal proceedings brought by LL & Ten. When not properly satisfied (with evidence), these requirements can bring a swift end to any proceeding you may bring in housing court. What I am trying to say is that the NYC housing court system is a minefield. It is worth the expense to find someone who is well versed with the code and can handle your case efficiently and effectively. The situation is so arcane that I don’t handle rent control cases even though I do commercial and non-rent controlled residential evictions.
3) Do not engage in “self-help”. If you are not sure what that means, you should not take any action which could even remotely be percieved as you retaliating against her. Your safest route is to refrain from all verbal communications. Communicate only by written letter.
4) get a good attorney. If you don’t have somebody reliable, ask everybody, interview attorneys, get one. In your business, you need one. You want somebody who is going to fight tenant adjournments and be responsive to your inquiries (not a very easy thing to find unfortunately). Good luck.