Housing Court Can't Order Removal of Tenant's Washing Machine

April 20, 2015

LVT Number: #26092

Landlord sued to evict rent-controlled tenant for nonprimary residence. While the case was pending, landlord asked the court to order tenant to remove a washing machine she recently installed in the apartment. Landlord claimed that the washing machine was improperly installed and could damage the building's plumbing system and other apartments in case of overflow. The court ruled against landlord. Tenant had no lease provision barring installation of the appliance, and there had been no damage caused to date by the washing machine.

Landlord sued to evict rent-controlled tenant for nonprimary residence. While the case was pending, landlord asked the court to order tenant to remove a washing machine she recently installed in the apartment. Landlord claimed that the washing machine was improperly installed and could damage the building's plumbing system and other apartments in case of overflow. The court ruled against landlord. Tenant had no lease provision barring installation of the appliance, and there had been no damage caused to date by the washing machine. In addition, housing court doesn't have authority to order injunctive relief. 

DMC Corp. v. Bugdady: Index No. 84236/13, NYLJ No. 120272117418 (Civ. Ct. Kings/ 3/11/15; Ressos, J)

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