Ask Habitat: We Think We Have a Hoarder. What Do We Do?
Dec. 8, 2014 — A READER ASKS: Our co-op is usually well maintained. A few weeks ago, however, one of the shareholders called the super to complain about cockroaches. A few days after that I found and killed a couple in my apartment. We've never had bugs before. I suspect the source of the infestation is a possible hoarder on the floor above me. How can we prove this without violating anyone's privacy, and if it does turn out to be a hoarder, what should we do next?
HABITAT ANSWERS: Because hoarders tend to be secretive and reclusive, co-op and condo boards can be oblivious to the fact there is a problem. Sometimes, however, the problem reveals itself through a bug or mouse infestation or a leak in the apartment that has infiltrated a neighboring unit.
In a way, you're lucky that a few of you got bugs. And you've done the right thing by reporting it to the super. The next step is for the super to call an exterminator and go to spray each unit.
If they are lucky, they will be able to enter the apartment of the suspected hoarder, and confirm there is a problem so the board can take next steps. In turn, if the board is lucky, the shareholder will cooperate and clear out the junk. But it's not always that easy.
The board may find itself dealing with a suspected hoarder who refuses to let anyone enter the apartment. Even when the problem is bigger than bugs — say, a neighboring unit has a water leak that requires the super and a plumber to investigate the source — the hoarder may put up a fight.
The liability issues are so great — if the piles are high enough, it constitutes a fire hazard — once the board confirms there is a hoarding problem, it must work to resolve it by any means.
Therefore, the board may have to sue for eviction on the grounds that by hoarding, the shareholder is in violation of the proprietary lease for failing to keep the unit in a habitable condition. The ultimatum must be clear: Clean up, or get out.
Suing for eviction may seem like a drastic, even mean, move (since hoarders are typically elderly people), but it may lead the offending shareholder to the negotiating table. The board should work with the building's attorney to draft an agreement giving the shareholder a firm deadline by which to clean house.
The board should make sure the agreement includes a clause giving it the right to inspect the apartment in the future to confirm it stays clean. Unfortunately, because the shareholder can always start hoarding after clearing out the apartment of trash, the board needs to be ready to act.
For more, see our Site Map or join our Archive >>