Washing machine woes....

[mattyseltz]

To all--
I have been a Fresh Meadows, Queens, resident for all 41 of my 41 years. My parents moved there from Rego Park in 1953, and purchased a washing machine in 1956. Now, back in 1956, when New York Life was the owner of Fresh Meadows, having a washing machine was not allowed. Somehow, my parents obtained permission (or a papal dispensation, I don't know, LOL), and also paid a yearly fee to the management for the privilege of having a w/m in the apartment. (They also had check valves installed so that tenants on the lower floors would not be inconvenienced by having either too-cold or too-hot water.)
Flash forward, now, to 2003. I am living in my family's third apartment in the development with what, I believe, is the fourth w/m that we have owned over time. My parents are both deceased, but I was put on the lease several years ago as a precautionary measure. I have also paid the yearly washing machine charge on time and in full all these years.
All tenants in my building received a threatening letter in the mail last week that says in effect that the management suspects that someone in our building has a washing machine. Said (unnamed) tenant has been asked to immediately stop using the w/m, as it is causing problems with the plumbing.
The management office knows for a fact that I have a w/m in my apartment and that I ***PAY*** for it on a year-to-year basis. Since the powers-that-be have been more than willing to accept my money over the years, can they arbitrarily tell me to get rid of the w/m? The problem is not so much with the w/m as it is with our plumbing, which was built some time between 1947 and 1949, and is starting to show its age. (I have been in this apartment almost 35 years.)
I also have check valves installed in the kitchen of this apartment, so I fail to see (as the landlord claims) how my w/m is affecting anyone else's water. (I am on the third floor and, as a plumber once told me, I get my water after floors 1 and 2, so, my w/m should have no bearing on what comes out of their pipes.)
I think you can tell that I am not going to give up without a fight. However, it is not worth getting evicted over, so, I need to know what my rights are in this matter. My contention is that I am paying for a privilege with the full knowledge and consent of the management.
Thank you for your time and consideration.

[joliett]

Hi,

I am actually the engineer for Fresh Meadows Tenants Association, and read your letter.

My gut feeling is that you should ignore that letter. But you can call the Tenants Association lawyer, Bob Katz and ask him his opinion.

Call him at 718-428-0676 and ask him.

Let me know what happens.

[consigliere]

If your washing machine is causing a problem, you will have to correct the problem, even if you pay extra to have and use a washing machine.
 
The landlord can't tell you to stop using the washing machine, but can insist that the problem be corrected.
 
RPAPL §753(4) mandates that you be given ten days to cure any default, after housing court finds that you are in default. However, you might be liable for the landlord's attorneys' fees, if that's specified in your lease.
 

[mattyseltz]

Millie grazie, consigliere, for citing chapter and verse. As yet, I have not even been approached re: said washing machine. If, as you say, "...the landlord can't tell you to stop using the washing machine, but can insist that the problem be corrected,...", I will do whatever it takes to fix the problem, if and when it becomes incumbent upon me to do so.

Interestingly enough, everyone in our garden apartments has a landlord-supplied-and-approved dishwasher (and we all use them). I would think, given the caustic nature of dishwasher detergent and hot water, that a dishwasher would wreak much more havoc on the plumbing than a w/m. Any thoughts?

Waiting for the rinse cycle in Queens,

mattyseltz