Q: A known hoarder in our Westchester co-op recently had a fire that gutted his one-bedroom unit and damaged the unit above him. Fortunately, no one was hurt. The cause of the fire was found to be an overloaded power strip compromised by heavy material sitting on top of it. It took three days to clear debris from the apartment, and repair work has yet to begin. Can the co-op shareholders block the hoarder from moving back in?
A: The co-op board can take action against a resident who has caused damage to the building and put others at serious risk, but it’s not as simple as barring this shareholder from moving back in.
A couple of pertinent questions: What do the co-op’s governing documents say about such a scenario? And, has the co-op sent any notices to this resident, or taken any action against him in the past?
“While I understand the frustration of the co-op shareholders and the seriousness of the damage, as well as the fear of something occurring again, I don’t believe that the shareholders can just block this individual from moving back in,” said Richard Klein, a partner who practices real estate law in Westchester at Dorf Nelson & Zauderer.
Under most co-op proprietary leases, the board of directors could have declared before the fire that the resident was engaging in objectionable conduct, said Andrew D. Brodnick, who practices real estate law in Westchester. If the resident did not cure the dangerous conditions within 30 days, the co-op could have declared that the lease was terminated and brought a proceeding to recover possession of the apartment.
Check the proprietary lease to see if the board can send a notice to cure for objectionable conduct for past conditions.
If the board tries to evict this resident without following its own rules as stated in the lease, the resident could claim that the board has “unclean hands,” because it acted in bad faith, which would damage its case, Mr. Klein said.
The board should enact a house rule, if one doesn’t already exist, that each apartment must be free of excessive clutter, Mr. Brodnick said. And the resident should be advised that his apartment will be inspected periodically, which is permitted under most proprietary leases in an emergency or to cure a default by the shareholder.
It’s possible that this resident needs mental-health services. Before the board takes steps to terminate his lease, it should try to reach out to his family members to see if they can provide support, Mr. Klein said. If not, reach out to Westchester adult protective services.
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