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I am an owner of a condo unit on Long Island for the past 3 years. Within the last 6 months, my adjacent neighbor has begun using large quantities of mothballs, and the odor has penetrated into my unit. It is overpowering, and all we can do is open windows and run fans. We spoke to her about this and she became belligerent. She is essentially a shut-in, and mentally unstable. The odor has also come into the hallway and to other adjacent units, even to the floor below us.
The management company said they are trying to build a case against her, but that takes time. In the meantime, I live there with my husband and 4 year old daughter, and we are being poisoned by the dangerous fumes. I've done research, and mothballs are more than a nuisance. The bylaws state that odors may not penetrate from unit to unit, but all they can do is fine her and she does not pay the fines. Do I have no recourse at all? Can she actually be made to clean this up? We are extremely worried for our health in the short term, and in the long term, we don't even think we can sell the unit and move, because any prospective buyers will be put off by the smell. Any suggestions?
At least the mgmt. co. is on your side and trying to do something. That's a good first step. And unfortunately, it does take time. (We've been trying to stop an older woman in my coop who has cost us hundreds of thousands of dollars in complaints.) I like the other commentator's suggestions and agree that you should start to build your own legal case, by getting a medical check-up... especially for your child. Is this person an owner or a tenant? If tenant, contact her landlord directly. If she's a shut-in and unstable, you can try contacting Adult Protective Services. It, too, isn't an easy route, but it's worth a try. Good luck.
The neighbor is an owner, not a tenant. The police have come, when she banged on our door to harass us for complaining, and they smelled the mothballs but said there is nothing they can do. They just told her to leave us alone. She's been taken out of there on wellness checks and was back the next day. Her family doesn't seem to want to deal with her. It's a nightmare.
A few suggestions, but not sure if any will work:
1) Contact your insurance company and see if they have any suggestions or courses of action you can take. Read your policy first to make sure you understand what you're being told.
2) Contact a professional air quality inspection company. One that advertises on local NYC talk radio is RTK Environmental, but this is definitely not a recommendation, only an example. Use Google to see if there are any that specialize in inter-apartment odor transmission or mothball products. Your insurance company may be able to recommend one or reimburse you for the service.
3) If you have an attorney, get in touch with her/him. This situation may require legal action on your part and your attorney will help you get prepared and collect information.
Do your condo docs mention how to handle nuisance issues? We are using that clause to require residents who are heavy smokers to take action to prevent the migration of smoke to other units. We are finding we can require air cleaners which will help a little. For mothballs, a health and safety nuisance might be in order, if it's in your docs.
our proprietary lease notes that any smell that escapes apartment is a violation. yours should say the same. board doesn't need to build a case - all they have to do is send a notice to cure.
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There is an old wise tale about mothballs, they where used as killing bed bugs. Which does not work. This is cause to gain access to her apt. and inspect it. If it was me I'd call the police dept. and explain to them your neighbor is using mothballs to cover up something. Maybe they can gain access to the apt. or can advise you what you can do. If all else fails your family needs to go to a safe place. Mothballs can burn your lungs so go to your Dr. for a check up and then to your lawyer. Best of Luck.
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