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Some chemical substances are being sprayed in to two apartments by the tenant who lives in between them. There were numerous calls to the Police Precinct, NYC Health Hazard Department, and so on.
All the wholes were sealed with glue and caulking, but it saturates through the hollow walls behind the closet door frames, floor crease, even though it is sealed!
It is just unbearable to be in the apartment – the smell lingers in the apartment, causing coughing, choking, burning eyes, disorientation and headache; even if the odor has gone, the cause is still there for hours.
The violator of the House Rules and Regulations has been warned that her lease will not be renewed if she continues doing it – nothing seems can stop her.
How do we protect ourselves from a hooligan like this?
Please help.
Thank you.
Does the tenant who resides in between the two apartments have some kind of mental illness or can you reach out the other family members to see about them talking to him/her? How old is this tenant?
Under 30, she has been approached in person and through e-mail in a nice manner - no results.
It seems to me that you need 3 things:
1) Actual proof that the tenant is spraying chemicals into walls. If you can prove it is a willful, malicious act, it constitutes "objectionable conduct."
2) A solid paper trail of letters/e-mails to the tenant and the sponsor to show that you have tried to get the tenant to stop spraying + letters from residents complaining about this activity. Words mean nothing, especially if you had to take this to court. You need documentation in writing.
3) Advice from your co-op's attorney.
If the spraying is so offensive, you have to take action. Also, if this person is a renter in a sponsor's unit, you should throw this in the sponsor's lap. It should be his responsibility to make the renter stop spraying or to get the renter out if necessary. Your attorney should advise you on how to proceed with the sponsor on this.
If you want to resolve this, you have to be able to support your claims, be prepared to do something about it -- and do it. Otherwise, your only alternative is to live with it.
Thank you.
Verbal warnings are useless. Shareholders shall complain in writing. Your Board must start with Legal Notice sent to this person by your legal counsel, stating that person is in default for violation of Proprietary Lease and House Rules, with 30 (or whatever is in your documents) days to cure. If you have fines in your documents, Board can apply fines. If it's not cured, lease will be terminated (see your coop documents). It will take some time, but there is nothing special in this procedure.
Shareholders did complain numerous times, it was discussed by the Board, no decision or action is taken by the Board. The tenant in question is a renter (sponsor's apartment). And it is going on for almost a year, but nothing is being done.
No warning letters, no fines...
You really have my pity but the boards silence makes me wonder if perhaps all this ia imagination. Why will the other persecuted person not support you with his letters.
How many on your board? Someone should help you, it seems critical.If your rank is high you should have power.
Her letters were also submitted to the Management Company and the Board
Once again,why does the odor not affect the resident who sprays it (coughing,sneezing,headaches)
FN
If the odor is so bad (not that I am questioning you). Does the individual that sprays these chemicals have to wear some form of hazmat? protective clothing. These odors and the damage they are causing would certainly effect them as well. Coughing,sneezing, headaches, etc. Or are they immuned to such.
Fat Nickie
She is administering it through the punched holes in the hollow walls which can be patched so odor does not go into her place. This explanation was given to us by one of the police officers called in.
I have a few questions. What kind of "chemical substances" are being sprayed? Why is the tenant spraying them into two neighboring units - and do you know for a fact that he is spraying them into the units on purpose or is he using them in his own unit and the odor is filtering into the others?
The message said numerous calls were made to the police and NYC health dept. What did they say or do about this? Also, where were holes sealed - in the neighboring units or in the unit of the person doing the spraying?
Sorry for so many questions, but I'd like to understand this situation better before commenting. Thanks.
What kind of "chemical substances" are being sprayed?
We do not know that.
Why is the tenant spraying them into two neighboring units?
She does it whenever we are on the phone , and yes she does it on purpose 24/7 - she works from home.
"The message said numerous calls were made to the police and NYC health dept. What did they say or do about this?"
They said that the Management Company and Landlord should handle this dispute.
The holes were sealed in the neighboring units only because she will not let the super or anyone else in.
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Sorry - typo - "all the wholes" should be "all the HOLES"
Thank you.
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