"Dear Apartment Department, Help! My co-op board is trying to force me to replace my beloved flushometer toilet with a tank toilet. They also want me to pay for it even though I have a perfectly good, working toilet right now. They say they want the swap because of "water and plumbing issues," which seems very vague for such a cost-intensive request. I've done some research, and flushometer toilets aren't all water-suckers - some are just as efficient! Also, I love my toilet. Can they make me give it up?"
"First of all, I'm happy that you found a toilet you love. I also have a flushometer and have come to rely on its strong, commercial-grade flush. A hundred teenagers could use my toilet every day and it still wouldn't clog. I can understand why you don't want to give it up. The question as to whether you'll have to is both a legal matter and a relational one."
"William Geller, a real-estate lawyer at Braverman Greenspun, tells me that many co-op proprietary leases specify that the owner is responsible for the plumbing fixtures inside the apartment, while the co-op is responsible for the plumbing systems outside the apartment. (Hallway toilet?) If this is the case in your lease, the co-op can't force you to replace your toilet "unless it is broken or in violation of some legal requirement," says Geller."
Many co-op proprietary leases place responsibility for in-unit plumbing fixtures on the owner, while the co-op handles building plumbing systems. A co-op generally cannot force replacement of a functioning in-unit toilet unless the fixture is broken, violates a legal requirement, or replacement occurs during a renovation that triggers co-op specifications. Federal law limits currently manufactured toilets to 1.6 gallons per flush. Owners can request justification and plumbing reports, present efficient flushometer alternatives, and negotiate cost responsibility. Consulting a real-estate lawyer and reviewing the proprietary lease can clarify legal obligations and potential remedies.
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