Obviously, even the law could be debated as to what constitutes an "encumbrance." In other words, we are talking about a claim or liability that is attached to a property. So, those who have stated "liability issue" may not have quoted the law, but know that a mat may pose a liability issue to the building.

A building inspector may or may not see a mat as an encumbrance just like the New York Times or other paper left in front of an apartment may be taken as an encumbrance. So, a mat just like a paper may be potential encumbrances in a hallway as opinions are so divergent.

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I like your reasoning. Would you consider that a newspaper: is removed daily a doormat is always out.

up to the building inspector to decide is not in my experience how a law works

why escalate a difference.

There was a interesting film introduction to the Tribeca Film Festival with a tenant knocking on the door of another tenant who is keeping an alligator in his apartment.

On the grounds it was not specifically prohibited by the Proprietary Lease

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Sorry. I just pressed the response without one. But here it is:

The law in all its wisdom is wide open to cover ALL circumstances that may cause an encumbrance (potential liability). Obviously, something becomes an encumbrance, because there is a claim and there was a cause to the fall.

What is a potential liability in a common area?

1. A doormat (yes). It can become an encumbrance because someone may cause someone to slip and fall.

2. A newspaper that is not removed the minute it was dropped in front of a door. Yes... a person who just happened to come after the newspaper guy may just trip and fall.

3. A carpet that is not properly stretched or is torn, which may cause the heel to catch and trip and fall.

4. An uneven pavement made by a defective tile - trip and fall.

5. The wax on the floor that may cause a slip and fall, even when the floor is not wet.

YES... these are encumbrances in a common area. Not just a bicycle or a refrigerator or the old milk box in addition tot the doormat.

This is why when you are on a board or you are a manager of a builidng you look for these types of deficiencies and correct them. The wax example is just a problem in many bulidngs. In fact, I have seen buildings that wax was totally removed from a tiled floor to avoid slip and fall claims. For many years it looked terrible, but the company could not take any more of these types of accidents.

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AdC - I can see why bldgs would stop waxing lobby/hallway floors to avoid slip-and-fall claims. There are non-skid tiles that come in many nice colors/patterns-like the ones people put in bathroom and kitchen floors. I know 2 bldgs that installed them in their hallways and they haven't had any complaints or accidents. Maybe a good alternative?

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Thank you, BP. I have seen wonderful no-wax tiles and I have a wonderful ceraminc tile in my kitchen that is extremely good to prevent slip and falls.

The point I was raising with Lefty is that an encumbrance is not an object but a "potential liability." Therefore, the law is so comprehensive that a board, landlord, or management company must look for potential liability in common egres areas (e.g., hallways, lobbies, internal evacuation stairways). This is not just limited to a bike, a shopping cart, an old milk box or lab box in a commercial space, but to other things like an unstretched carpet or a slippery floor due to wax. IN fact today, I have a great problem with the cable company and their subcontractors who just out of carelessness throw to the floor the metal ends or connectors to the pavement. These metal connectors become real encumbrances if someone where to step on them. Therefore, I ask the staff to make sure they let the subcontractors know what is expected of them at the end of the job and even call the cable company and religiously report their subcontractors if they leave junk on the floor.

So, common hallways are supposed to be free of encumbrances. It is up to those with responsibility over common space to legislate what they will be tolerant to allow in their hallways, i.e., mats (yes-no), newspapers, etc.

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AdC - I agree re: what constitutes a "potential liability. BTW, we had a problem with cable men leaving junk on floors too. It was resolved but sadly. Before our no-dog policy, a SH's puppy ate a bit of cable from the hallway floor. The cable man working in that hallway didn't clean up and was leaving as the SH left his apt. It happened in a flash. Exposed filaments on the cable punctured something and the puppy hemorrhaged. We had hallway video of the whole thing. It went to court and the cable company was found liable. They've been very conscientious ever since but what a shame that it had to come about that way.

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