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Diego Beekman MHA HDFC v. McNeil - 2019 NY Slip Op 51062(U) (Civ. Ct.)

Rule:

Where a landlord collects rent and otherwise acquiesces in the tenant's installation and use of a washing machine the landlord may be deemed to have waived his remedial right, even assuming a breach of a substantial obligation of the lease prohibiting the installation of a washing machine in the leased premises.

Facts:

Petitioner Diego Beekman MHA HDFC ("Diego") brought a holdover eviction proceeding against respondent Jackie McNeil, a rent stabilized tenant with a federal Section 8 housing voucher administered by the New York City Housing Authority. The basis of the proceeding was failure to cure alleged breaches of her lease including unauthorized occupants, false certification of income, harboring occupants that commit criminal activity and installation of a washing machine without Diego's written permission. McNeil filed a motion for summary judgment which was denied. At trial, the sole remaining issue was the unauthorized washing machine claim, as Diego had withdrawn all others. 

Issue:

Should Diego's petition be dismissed?

Answer:

Yes.

Conclusion:

The court ordered the dismissal of the case, noting that where a landlord collected rent and otherwise acquiesced in a tenant's installation and use of a washing machine the landlord may be deemed to have waived his remedial right, even assuming a breach of a substantial obligation of the lease prohibiting the installation of a washing machine in the leased premises. The evidence at trial established that Diego accepted rent from McNeil for years after Diego was aware of the washing machine in McNeil's premises. Thus, Diego waived any violation of the lease posed by the washing machine. 

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