Query: My Queens co-op has been storing building particles within the space between our property and the neighboring property for nearly two months now. My residence seems to be straight onto the garbage which has attracted rats. The co-op is asking me to be “affected person” whereas they end the job and take away the trash on the finish of the challenge, however employees have not been on web site in weeks, so I believe they should take away this trash instantly, which will surely fill a dumpster . What rights do I’ve as a shareholder? Is it authorized for them to retailer rubbish in our yard?
A: You shouldn’t dwell with building waste round your constructing, particularly if it attracts rats, making a public well being hazard.
“Clearly, it is as much as the board of administrators,” stated James Woods, managing accomplice of the Manhattan legislation agency Woods Lonergan. “It’s their accountability to maintain the frequent areas, the general public areas, protected and clear.”
City codes regulates the elimination of building waste, together with the storage of waste. The pile of trash you describe feels like a violation of these codes. Town additionally requires tenant protection plans for building websites the place there are tenants. These plans name for mud management, particles elimination, pest management and sanitation upkeep, in accordance with the town’s Division of Buildings.
The board very seemingly employed the contractor to do the work and will have included trash disposal necessities within the contract.
Write a letter to the board explaining that you’ve seen rats across the building particles and that leaving the trash violates metropolis codes. Have the contractor take away the trash. You possibly can reinforce the letter by together with any related provisions in your co-op’s bylaws and your personal lease concerning trash elimination, building actions, and the board’s obligation to shareholders to take care of frequent areas and supply livable quarters.
If the council doesn’t act and the issue persists, you’ll be able to file a grievance via 311, together with details about rat sightings. This can get the board’s consideration, however pay attention to the dangers: the fines imposed by the town will finally be paid by the shareholders, which might pressure relations between you, your neighbors, and the board.
However Mr Woods stated: “If it turns into a widespread downside, typically it’s a must to take determined measures.”
You can too file a grievance with the DOB Office of Tenant’s Attorneyhowever be aware that these complaints will not be confidential.
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