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Further clarificationJul 01, 2008


Read your conversion plan... does it mention anything regarding wahsers?...what about your proprietary lease? If washers are not mentioned, your Board has to rule washers out from the allowed appliances via the house rules. Another appliance that may be ruled out is the waste disposer under the kitchen sink due to plumbing issues.

Now, if the sponsor allowed washers while the buildng was a rental prior to conversion and the sponsor has a rent-controlled renter whose original lease specified among the appliances in the apartment a washer, a disposer, A/C, dishwasher, etc then the sponsor is obligated to provide the working appliances specified per lease. Consequently, the new House Rule regarding a washer or a disposer may not apply to that specific rent-controlled apartment as long as the original renter holding the lease is living in the apartment.

In your particular case, the sponsor no longer has a rent-controlled apartment. The House Rules now can be fully enforced on the sponsor because the new renter does not fall under rent control and because the new lease will be signed while the sponsor is no longer in control of the building as the owner. The sponsor must conform to the new House Rules of the co-op.

Best bet is to get in touch with the co-op counsel to "enlighten" or "refresh" the sponsor's memory as the co-op exercises its rights. For your information, the privileges that the sponsor will retain are the following:

(1) The sponsor will not pay sublet fee if any instituted.
(2) The sponsor will have the right to alter the configuration of the apartment as long as it complies with any alteration policy, i.e., provide certificates of insurance, obtain building permits to do the alterations and even combine apartments if two adjacent apartments are vacant.
(3) Rent or sell without any board approval.

I hope I have provided enough information for you to have a conversation with your co-op counsel.

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