We've heard from several shareholders who believe that their managing agents have violated their privacy and their right to quiet enjoyment by overstepping the bounds of "right of entry" under the proprietary lease and NY's landlord/tenant laws.

One case was particularly interesting. The managing agent had come into the apartment to inspect damage that was the co-op's responsibility. While there, the manager decided that the level of clutter in the apartment was unacceptable and ordered the shareholder to clean up. When asked what house rule, regulation or law was being violated, the manager had only a vague response.

Suspicion aroused, the shareholder contacted the local building department and fire department and learned that it is unlawful for anyone other than the designated agency, including building managers, to attempt to enforce municipal codes. If they think there is a violation, they can only report it to the appropriate agency. The shareholder passed along this information to the manager, at which point the demands suddenly became suggestions and requests.

Like so many authorities in American life today, some managing agents and the boards who allow them to run amok, appear to be unfamiliar with the Fourth Amendment. This shareholder took the time to investigate the law and learn his rights in the face of intimidation and legal threats. It's time to restore balance to the relationship between the co-op and the co-operator.


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