Hoarder in Coop--Legal Options?
Slightly complicated legal situation here. My coop still has about 6 sponsor-owned units (out of 25); one is a rent-controlled tenant who long predates the building’s becoming a coop. He is a hoarder and has been a constant problem in terms of odor, bugs, etc. We’ve periodically fined the unit owner and demanded they send…
Slightly complicated legal situation here. My coop still has about 6 sponsor-owned units (out of 25); one is a rent-controlled tenant who long predates the building’s becoming a coop. He is a hoarder and has been a constant problem in terms of odor, bugs, etc. We’ve periodically fined the unit owner and demanded they send in cleaners but the tenant is noncompliant at best. Now he has bed bugs. He has allowed an exterminator in to treat the unit but has not done any of the laundry, mattress encasing, follow-up, etc., that would make the extermination successful, and the hoarding behavior obviously only makes it worse.
I have made a referral to Adult Protective Services and they are trying to get in to assess the apartment, but he refuses them access.
The landlord/sponsor is trying to be helpful, but they’re not the most on-the-ball people either.
What do we do? Can anyone either advise on legal options wrt either tenant or owner/sponsor, or recommend a lawyer?
The owner is obviously in breach of the proprietary lease right now, but the last thing we want is to terminate the proprietary lease and end up as the landlords ourselves in this situation!
@ southbrooklyn: We are well aware of the risk to property values and are working with an exterminator; we had the whole building inspected last weekend.
Fortunately, there is only one apt adjacent to the unit in question–above–as it is located on the ground floor off the lobby. The apt above has been treated for bed bugs (this is how we found out they were in the unit in question; he did not report them) and pesticide dust has been put in their walls. The whole building has been informed of basic preventive measures like caulking, mattress encasements, and etc.
Make sure the exterminator used by your managing agent knows what they are doing — do some research.
You are in a serious and tough situation and need to get a good lawyer. Try Theresa Racht. Everything everyone has said about the difficulty of dealing with hoarders is true, and typically it takes 1-2 years to work through the situation legally and in conjunction with Adult Protective Services. But the bed bug thing makes it all so much more urgent. You have to realize that to a bed bug, an apartment building is just one big house with a lot of bedrooms (and potential hosts). Bed bug populations will continue to grow and to spread if not dealt with, and will bounce back if inadequately addressed.
Realize that there is a new law requiring disclosure, if requested, of the previous year’s pest control needs — if you have bed bugs in your building, you have to tell prospective buyers if they ask. So, my view is that if you don’t deal with bed bugs aggressively, you are ruining your property value.
There is an expensive but effective form of bed bug treatment that it might be worth your while to consider — thermal treatment. This is a good option for a cluttered apartment. But it still requires cooperation from the tenant.
While you pursue legal options, take some preventive measures. Have someone come and put pesticide dust in the wall voids of all the surrounding apartments — up, down, adjacent, and katy-corner — to your known infestation. Do obsessive caulking in all the surrounds, to cut down on pathways for migration. Get climb-up intercepts for the beds and sofas in the surrounding apartments (especially in the apartment directly above and to the side — or any apartment sharing a wall with the guy’s bedroom), or use some other kind of passive monitor. Encourage neighbors to encase their mattress and box springs in order to facilitate periodic inspection of their beds for any signs of bed bugs. (Not everyone reacts to bed bugs bites, so bugs can spread and folks not be aware, unless they’re loooking out for it. Also, sometimes people think they have bed bugs and they don’t — monitoring and inspection shows you if you do or don’t.)
I think by “are worse to deal with” you mean “have stronger legal protections”.
I understand how that happens; the keys are right next to each other on the keyboard.
@ Arkady: I tried reporting to the Board of Health. Unfortunately, their power is to cite and fine the landlord, not the tenant; they recommended housing court.
Bedbugs most certainly constitute a health hazard to others in the building. It would seem at the very least that the bedbug situation could be brought under control. The rest…doubtful. Does this person have any family that can be contacted? Clearly he/she is in need of serious care and cannot care for him/herself. That might be faster and more helpful for everyone involved.
I wonder if reporting to the Board of Health about a hazardous condition might help.
I had personal involvement in a similar situation. The co-op and owner of the shares MUST
hire a good L & T attorney and start legal action. Unfortunately this could take years because the courts will do everything to protect the tenant. Rent control tenants are worse to deal with than stabilized tenants due to the arcane laws. Try to involve relatives, if any, to at least mitigate the situation with a clean up. Perhaps a social worker could get involved. Good luck
@starfish: the experienced landlord-tenant lawyer is exactly what we’re looking for. Can you recommend one?
@mcKenzie: fortunately, I am not underwater. I am becoming sorely tempted to move but I love the apt and the location, probably can’t afford anything comparable anymore in the area even with the money I stand to make on selling my current apt, and resent being forced out of my home.