Legal Talk for Co-ops and Condos
The Hoarder Challenge
Moshe Bobker, partner, Tane Waterman & Wurtzel, is interviewed by Habitat magazine’s Paula Chin.
Board lessons to learn:
-The backstory. An elderly shareholder was causing safety and nuisance issues with her hoarding, and neighbors were complaining about odors and infestation. The board tried to resolve the issue by having the super help her clear things out. But after making some progress, she became unwilling and the problem continued.
-Taking a hard line. The board realized it had to be more aggressive and sent a notice of cure, which got no response. A holdover proceeding was commenced to terminate the lease, and the court referred the case to various city agencies to help the woman resolve the problem. The situation had been pending a longtime, but an agreement was finally reached where she will have someone come in to clean regularly and allow inspections of the apartment.
-The takeaway. Unlike other breachers of the proprietary lease, such as subletting, where it’s a default that’s either cured or not, boards should be cognizant that even when a hoarding situation gets better, the problem is likely to pop up again. It’s not something that is going to be resolved quickly in a one-time deal.
**Music by 4 AM Party by Alex Gross licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International License.
The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!
Moshe Bobker, partner, Tane Waterman & Wurtzel, is interviewed by Habitat magazine’s Paula Chin.
Board lessons to learn:
-The backstory. An elderly shareholder was causing safety and nuisance issues with her hoarding, and neighbors were complaining about odors and infestation. The board tried to resolve the issue by having the super help her clear things out. But after making some progress, she became unwilling and the problem continued.
-Taking a hard line. The board realized it had to be more aggressive and sent a notice of cure, which got no response. A holdover proceeding was commenced to terminate the lease, and the court referred the case to various city agencies to help the woman resolve the problem. The situation had been pending a longtime, but an agreement was finally reached where she will have someone come in to clean regularly and allow inspections of the apartment.
-The takeaway. Unlike other breachers of the proprietary lease, such as subletting, where it’s a default that’s either cured or not, boards should be cognizant that even when a hoarding situation gets better, the problem is likely to pop up again. It’s not something that is going to be resolved quickly in a one-time deal.
**Music by 4 AM Party by Alex Gross licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International License.
The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!