What Happens When a Co-op Shareholder Is Being Harassed by a Neighbor?
June 16, 2015 — When you buy into a co-op, you are buying into a community. That's why the admissions package is so important. Yes, a board has to make sure a potential buyer's finances are in order, but it also has to determine whether that buyer is the right fit for the building — and everybody in it. Gauging personality is certainly challenging, especially when boards have to take care not to discriminate against any of the protected classes. Sometimes, boards don't get it right, and the results can be quite frightening. Just ask one co-op shareholder in the Upper East Side, who tells Ronda Kaysen his nightmarish tale in this week's Ask Real Estate column in The New York Times. One of his neighbors is harassing him: "A neighbor in my c-op smashes my door with his shoes and fists because my child is playing the piano during accepted times of day; … prevents me from getting out of the elevator while yelling expletives; … blocks me from getting out of my car in the building garage; and … pulled my tie in the lobby, choking me." This is certainly far more serious than a spat between neighbors.
So far, the harassed shareholder has called police, but although they described the situation as "aggravated harassment," in their report, they made no arrest. The shareholder adds that he's alerted the board and managing agent "in writing, several times — and [has] not received one reply."
Kaysen recommends reaching out to a victim advocacy organization, such as Safe Horizon, "which provides information and assistance for victims of various crimes, including stalking. The organization's crime victims hotline is (866) 689-HELP (4357)." An advocate could help the shareholder deal with both the offending neighbor and the unresponsive building management, explains Kaysen, adding, however, that if the shareholder feels like he's in immediate danger, he should call 911.
And what of the co-op board? Kaysen writes: "It is possible that its silence constitutes a breach of your warranty of habitability, a breach of its fiduciary duty, or both, according to Leni Morrison Cummins, a Manhattan real estate lawyer. The board may even be liable for allowing a private nuisance if the neighbor's actions rise to that level, she added."
This is why it's so important to document all altercations, "writing down the dates and times that they occurred and noting any witnesses. Building security cameras may have captured some of these incidents as well, providing you with valuable evidence. You might want a lawyer to contact the board on your behalf, putting it on notice." Never underestimate the power of an attorney's letter.