What Happens When a Co-op Shareholder Is Being Harassed by a Neighbor?

Upper East Side

Knowing Your Rights
June 16, 2015

So far, the harassed shareholder has called police, but although they described the situation as "aggravated harassment," in their report, they made no arrest. The shareholder adds that he's alerted the board and managing agent "in writing, several times — and [has] not received one reply."

Kaysen recommends reaching out to a victim advocacy organization, such as Safe Horizon, "which provides information and assistance for victims of various crimes, including stalking. The organization's crime victims hotline is (866) 689-HELP (4357)." An advocate could help the shareholder deal with both the offending neighbor and the unresponsive building management, explains Kaysen, adding, however, that if the shareholder feels like he's in immediate danger, he should call 911.  

And what of the co-op board? Kaysen writes: "It is possible that its silence constitutes a breach of your warranty of habitability, a breach of its fiduciary duty, or both, according to Leni Morrison Cummins, a Manhattan real estate lawyer. The board may even be liable for allowing a private nuisance if the neighbor's actions rise to that level, she added."

This is why it's so important to document all altercations, "writing down the dates and times that they occurred and noting any witnesses. Building security cameras may have captured some of these incidents as well, providing you with valuable evidence. You might want a lawyer to contact the board on your behalf, putting it on notice." Never underestimate the power of an attorney's letter.

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