Appeal by tenant from a final judgment of the Civil Court, Kings County (M. Finkelstein, J.), entered on November 22, 2002, after trial, awarding landlord possession.

Final judgment unanimously affirmed without costs.

In this holdover proceeding, based upon claims that tenant breached a substantial obligation of the lease and created a nuisance by maintaining a washing machine and dryer, tenant alleged that she had notified landlord that she intended to install the washing machine and dryer, that landlord had knowledge that the machines were in her apartment, and that landlord accepted rent with such knowledge.

The lease agreement expressly prohibited the presence of a washing machine and dryer without written consent. In our opinion, the court below properly found that tenant was in breach of the agreement. Furthermore, tenant failed to establish by a preponderance of the evidence that landlord had knowledge of the presence of the washing machine and dryer and waived the right to enforce the lease provision, and also failed to demonstrate that the washing machine and dryer were necessary for medical purposes.

In view of the fact that tenant failed to properly establish the medical necessity of the washer and dryer, we need not reach the issue of whether landlord was required to make a "reasonable accommodation" for the alleged disability of tenant's son (see 42 USC § 3604 [f] [3] [*2][B]).
Decision Date: January 29, 2004