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our building stopped allowing washing machines after most board members had them) BUT now a sponsor has put a new one in an apt. he is fixing to rent! Can he violate the rules like this?
it was a decision that they be banned more recently.
Deina: If you have a leasing contract with a laundry room company, you should check your contract with them. These contracts usually state that during the contract term "other laundry services" cannot be used. It may also state that residents can't have washers & dryers in apartments during the contract term. If your contract doesn't say anything specific about machines in apartments, talk to your coop attorney. He might advise you that use of "other laundry services" is meant to include apartments.
some apt. have laundry machines grandfathered and there is nothing with basement laundry co. saying they cannot. also you could not enforce that one. this has to do with the question that the sponsor must or must not obey the laws. he can rent without approval, etc. but can he have a laundry machine installed if it is not allowed?
Our coop enacted a rule saying that machines aren't allowed in apts bec our contract with the laundry leasing co stipulated this. When our sponsor wanted to put machines in his apts, our attorney said he couldn't bec he doesn't need approval for apt buyers, etc. but he's bound by the house rules like all our Shs are. He didn't dispute it and we didn't have a problem on this.
Read your conversion plan... does it mention anything regarding washers?...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 and/or legal occupants are in posession of the apartment.
In your particular case, the sponsor no longer has a rent-controlled apartment because it is vacant and rent control will not apply to a vacant 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.
AdC
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.
AdC
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If the apartment is empty and sponsor plans to rent it, then call your coop counsel and have the counsel address this issue immediately.
The sponsor only has the rights specified in the conversion plan: read what are the sponsor's rights according to your plan and, if your rules prohibits washers, then ths sponsor must conform.
I don't think the installation of a washer falls under the renovation alteraation of units.
AdC
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