Page 5 - NY Cooperator May 2019

QUESTIONS & ANSWERS Legal Q A& Allergic Reaction to Roach Extermination Q I live in a Brooklyn co-op and was advised by my co-op’s man- aging agent that I must have my apartment exterminated due to a roach infestation in the building. I advised the managing agent that I have severe allergies and asthma, and was concerned about re- actions I might have to the treatment. e agent told me that my apartment would be examined by the exterminator prior to treatment to determine what line of treat- ment would be undertaken. However the managing agent sent up an exterminator to my apartment without prior notice, and the exterminator laid some gel in my bathroom and kitchen. e next morning I woke up to a severe allergic reaction—including an asthmatic attack—and my apartment is lled with a musty odor that I cannot remove. e odor is so bad that I am unable to use my kitchen. I have been trying to contact the man- aging agent about this via one urgent email and two voicemail messages, but I have not received any response from the agent or a board member. What respon- sibilities, if any, does the co-op have in xing this problem? And what responsi- bilities, if any, does the co-op have for any medical expenses I incur as a result of the extermination? —Sick of is A “In the presence of a build- ing-wide roach infestation,” says attorney Phyllis Weis- berg of the New York law o ce of Arm- strong Teasdale, “the co-op has an obliga- tion to take steps to resolve the problem. e questioner has two complaints con- cerning the exterminating (aside from a lack of communication): rst, an allergic reaction; and second, odors. “As to the allergic reaction and whether the co-op could be made to pay for medi- cal expenses, the shareholder would at a minimum have to establish that the ex- terminating was in fact the cause of the allergic reaction and there were no alter- nate means to treat the infestation. ere is some evidence that cockroaches them- selves can cause allergic reactions—from their eggs, feces, saliva, and bits of their shells. Could that have been the cause of the questioner’s reaction? And in the presence of a building-wide problem that needed to be treated, if there were no vi- able alternative treatment for the infesta- tion, it would be far more di cult to as- sign blame to the co-op. “As to the lingering odor—the co-op should investigate the cause of the odor and, if necessary, use mechanical means to help dissipate it.” ■ COOPERATOR.COM THE COOPERATOR — MAY 2019 5 The Premier Cooperative, Condominium Condop & Management Firm In New York “I would welcome your inquiry to learn how AKAM can be of service to your building” Michael Berenson , President 212.271.0318 mberenson@akam.com akam.com Our reputation speaks for itself. For over 35 years we have been committed to maximizing home values and enhancing quality of life for our clients. At AKAM Associates we employ true cost saving initiatives: •Analysis of staff overtime •Five year capital and preventive maintenance plans •Bulk purchasing power •Preferred rates from various industry vendors •Discounted rates on energy & gas •Review of service and management contracts Live AKAM Write to The Cooperator and we’ll publish your question, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: david@cooperator.com. Disclaimer: e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your speci c circumstances. Always seek the advice of competent legal counsel or other quali ed profes- sionals with any questions you may have regard- ing technical or legal issues. Q&A