Q: A shareholder in our small, self-managed co-op is in his 80s and has dementia. His unit needs maintenance, cleaning and clearing due to hoarding. The building now has a cockroach infestation. At considerable cost to the cooperative, we fumigated the building; we also packed and removed items in his unit, fumigated them and returned them to him. He never unpacked the boxes and new junk has accumulated around them. The cockroach problem continues. We reached out to his adult children, hoping they could help, but they didn’t. What are our options?
A: Hoarding is a psychological disorder and can be associated with dementia. In cities, where neighbors live in crowded buildings and share walls and corridors, it is often a problem that affects the well-being of other people. But residents have a right to safe and habitable living conditions, despite the mental health problems of their neighbors.
So far, you and your co-op have done the right thing: you’ve tried to contact the family and addressed the sanitation issues. As a next step, you should become more powerful with his family. If that doesn’t work, turn on the judge.
“As hard as it may seem heavy-handed, the right way is to issue a letter of formal notice,” said David A. Kaminsky, a Manhattan real estate attorney. The board of directors should send the notice to the shareholder and his family members explaining that he is in default of his ownership agreement because his behavior has caused a nuisance and disturbed other shareholders.
It’s possible that his family is ignoring your calls because they are overwhelmed and don’t know what to do. “Even if the family is going to clean up the place, the person will create the same condition within a few days,” said Mr. Kaminsky. “I’ve seen it happen.”
The board could also call Adult Protective Services to let the agency know about the situation and ask for advice.
If none of this works, set off a fire alarm by canceling his lease and taking him to court. Your end goal is not to evict an elderly man with dementia, but to force the courts to help him get the help he needs. “The courts are very averse to instigating an eviction” in situations like this, Mr Kaminsky said. “It only happens in extreme cases. They definitely don’t want it to happen.”
In all likelihood, the court will appoint a guardian to assist your neighbor, and other social services will intervene as well.
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