Living Next Door to a Smelly Fast-Food Burger Joint

Aug. 25, 2015 — Living next door to a fast-food restaurant (that delivers) may seem like a great idea at first. But then reality sets in: the noise, the vermin, the smells… Once the stench of grease constantly wafts into your apartment, the novelty of living next-door to a greasy spoon wears off. Take this co-op in Greenwich Village, for example. They tell Ronda Kaysen in this week's Ask Real Estate column in The New York Times that after a hamburger chain opened shop in the building next door to them, several apartments smell like burned grease. "It's worse in the spring and summer when windows are open. Some of the residents approached the manager of the restaurant, who promised to install a filter on the ventilation. That was two years ago. We have filed complaints with 311, with no results. Do we have any rights?" Kaysen explains that this is a chance for the board to "step up and advocate for its residents…. The board could start by contacting the owner of the neighboring building and pointing out the obvious: There might be a problem with the restaurant's ventilation system. Perhaps the restaurant could (and should) invest in a new one — or at least install that filter the manager suggested two years ago." And if that goes nowhere fast? Well, the board can look into filing a private nuisance claim, points out Kaysen, adding one caveat: "[The board] would have to show that the restaurant's use of its property constitutes an unreasonable, intentional and continuous invasion of the co-op residents' property rights."