Page 5 - NY Cooperator November 2020

COOPERATOR.COM THE COOPERATOR — NOVEMBER 2020 5 ROSENWACH TANK THE FIRST NAME IN QUALITY CEDAR WOOD TANKS WE ARE CERTIFIED and IT MATTERS! 718.729.4900 43-02 Ditmars Boulevard, 2nd Fl., Astoria, NY 11105 www.rosenwachgroup.com Rosenwach is proud to announce that Rosenwach’s tanks are certified to NSF/ANSI 61 by NSF International, a leading global independent public health and safety organization. NSF/ANSI 61 addresses crucial aspects of drinking water system components such as whether contaminants that leach or migrate from the product/material into the drinking water are below acceptable levels in finished waters. To receive certification, Rosenwach Tank submitted product samples to NSF that underwent rigorous testing to recognized standards, and agreed to manufacturing facility audits and periodic retesting to verify continued conformance to the standards. The NSF mark is our customers’ assurance that our prod- uct has been tested by one of the most respected indepen- dent certification organizations. Only products bearing the NSF mark are certified. QUESTIONS & ANSWERS Legal Q A& Neighbor’s Annoying Bed Bug Problem Q I am the president of our condo. We have a unit owner who has bed bugs, but refuses to do any- thing about it. He threatens criminal action if we force ourselves into the unit, which is extremely cluttered. Th ey have all sorts of remedies for co-ops and landlord-tenant residences. But what about \[condo\] unit owners who refuse to do anything? What course of action can the board and manage- ment take? He claims he has no bed bugs, but our exterminator says otherwise. —Trapped by Infestation A According to Lisa Smith, a partner at the New York law fi rm of Smith Gambrell & Russell LLP: “Most condominium by- laws have a section titled ‘Rights of Access,’ which permits the board, its agents, autho- rized persons, etc. to enter the unit for pur- poses of inspection, maintenance, repairs, and curing violations. In cases of emergen- cy, the right of access may be exercised im- mediately. Although many may consider a bed bug infestation an ‘emergency,’ it is not like a fi re or fl ood. If the unit owner refuses to provide access, the unit owner should be held in default of the bylaws, and the con- dominium should seek a court order pro- viding access. While most bylaws provide for reimbursement of expenses, it will take time to obtain a court order, and there is no guarantee that the court will award 100 percent of the expenses incurred. “Th e problem is compounded by the fact that this unit owner may also be a hoarder. Hoarding is also called ‘Collyer Brothers Syndrome’ aft er two brothers with that last name were found dead in their apartment amidst more than 140 tons of items collect- ed by them over decades. Hoarding presents its own diffi culties for a condominium, but it is important to remember that it is a men- tal illness. If this unit owner has an emer- gency contact person, the managing agent should reach out to him/her to convince the unit owner to provide access—both to have the unit cleaned, and to inspect and treat for bed bugs. In extreme cases, Adult Protective Services can be called and/or a guardian can be appointed by the court. While the condominium is not completely without its remedies, convincing the owner to provide access is obviously less expen- sive, more expedient, and more neighborly than pursuing litigation.” Mold Remediation Q I have received high results on an environmental relative moldiness index (ERMI) test, and a certifi ed mold investigator has completed their work and identifi ed two hidden areas in my apart- ment (6-unit walkup) under the kitchen sink cabinets and in the ceiling between fl oors of my bathroom and upstairs bathroom. My landlord wants to remediate himself and has an asbestos certifi cation and states he will fol- low protocol for that and secure the area, use anti-fungal paint, replace the entire ceiling, and ensure there will be no future issues. I have problem that causes serious respiratory is- health issues and am skeptical. Do New York sues for many tenants and shareholders,” says City landlords (I’m in Brooklyn) have to hire Jennifer Rozen, a managing attorney at the a certifi ed mold remediator? Or can they do Manhattan-based Rozen Law Group. “Mold work themselves? So grateful for any info! —Trying to Fix Th is Moldy Problem A “Water intrusion and mold in- festation of apartments across New York City is a pervasive remediation, when done properly, can be quite continued on page 14