Page 8 - The NY Cooperator August 2020

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ANYTIME, ANYWHERE! 866-MACKOUL | INFO@MACKOUL.COM rassment with the bullying that children through the lobby screaming and yelling at unfortunately might experience from their fellow owners. If it occurs in common ar- peers. Contrary to the “sticks and stones” eas, the board clearly has the authority to adage that we all followed in grade school, regulate behavior and prohibit it.” words can and do hurt. When hurtful words are used repeatedly over time against an in- dividual without provocation, it can consti- tute harassment. Florio defi nes a harasser in situations that cause any kind of distur- as “someone who is consistently abusive or bance to unit owners arising from com- insulting to you,” adding that the legal defi - nition of harassment “is no diff erent in a other states where cooperative housing is multifamily building.” Harassment in Housing Unlike New York, New Jersey has ar- bitration requirements when it comes to of their homes, in addition to functioning disputes involving housing. Florio explains mechanicals and utilities and the like that that his state’s Condo Act stipulates that the building or corporation supplies. Ha- “any type of housing-related dispute must kim proposes that in the co-op context, be provided alternative dispute resolution, “there may be instances where the actions or ADR \\\[before escalating to litigation\\\]. of another resident or shareholder causes a Almost anything that happens in a condo breach of that warranty, and the coopera- can trigger this”—including an accusation tive could be liable.” of harassment. In the Garden State, when confl icts arise between residents—including those involv- ing board members or building employ- ees—the ADR clause goes into eff ect. In this window constituted harassment. According process, the parties must meet with an in- dependent arbitrator or mediator to come she was irritated by the smoke, and he acted up with a mutually satisfactory resolution. tauntingly and menacingly toward her in a Th e ADR option is available to anyone in- volved in any civil dispute, of course—but wondered if she had any legal recourse, or if in New Jersey condos, co-ops, and HOAs the situation could be handled by board or (in addition to rental apartments and other management intervention. Attorney Rich- types of housing), the process is mandatory ard Klein of New York City law fi rm Romer before a case can be considered for escala- tory processes. If the harassment is discriminatory in but “if such actions are clearly threatening nature, or if ADR fails to remedy the situ- ation, “it would be incumbent upon the as- sociation to act,” adds Florio. Especially if written record of this behavior, so that the the harassment was taking place in a build- ing or community’s common areas, he says, it is the board’s responsibility to either in- voke remedies or penalties stipulated by the such cases\\\]—but not over-intervene. If a community’s governing documents, or to board overreaches, the shareholders or resi- refer the case to the proper authorities. Shapiro agrees that escalation is war- ranted when the harassment occurs in balancing act that each board and all \\\[man- ‘public,’ or outside of an owner’s or share- holders home, but still on the co-op, condo, sis.” Hakim recommends that boards and or HOA property. She points out that “ha- rassment in a multifamily environment has potential harassment with legal counsel and two aspects to it: One, when something maintain an arm’s length of separation as happens in a common element (as opposed the examination of the incident or incidents to strictly between two individuals within proceeds. Since there is no “one size fi ts all” the confi nes of a unit, or not observed by approach, each case should be handled as anyone else); and two, if the incident rises the individual circumstances warrant. to the level of discrimination.” In situations where either or both of those aspects are action. “Th ese are extremely fact-driven sit- present, the person being harassed can fi le uations,” she says. “No one answer fi ts all.” an application for Criminal Complaint of Harassment in local district court within the states where Shapiro practices law. In Illinois as well, Kim concurs that in (in many cases) employers, co-ops, con- a multifamily setting, “It oft en depends dominiums, and housing associations can on the location where the incident occurs. fi nd themselves in the middle of costly dis- If it occurs in a common area—a hallway or lobby for instance—we could treat that as a nuisance being created by the off end- ing owner. We don’t want people walking Kim asserts that most condominium declarations in Illinois have anti-nuisance provisions, allowing boards to take action mon areas. In New York and throughout prevalent, proprietary leases also generally include a warranty of habitability, which similarly aff ords residents quiet enjoyment In one such instance that comes from a Cooperator reader, a New York co-op resi- dent contended that her neighbor’s persis- tent smoking on the sidewalk beneath her to her complaint, the neighbor knew that deliberate eff ort to intimidate. Th e reader Debbas, LLP, says that the answer largely depends on the building’s rules and policies, and happen repeatedly, then \\\[the resident\\\] should be calling the police to establish a board can act upon the alleged threat.” Hakim has a similar conclusion. “Th e cooperative’s board should intervene \\\[in dents may assert that the board acted out- side the scope of its authority. It is a delicate aging\\\] agents must deal with on a daily ba- managers carefully address all instances of Shapiro recommends the same course of Case By Case Beyond being the locus for disputes be- tween neighbors, as housing providers and HANDLING... continued from page 7