Q: My co-op in Queens has been storing construction debris in the area between our property and the neighboring property for nearly two months. My apartment looks directly onto the trash, which has attracted rats. The co-op is asking me to be “patient” while they finish the work and pick up the trash at the end of the project, but no workers have been on site for weeks, so I think they should immediately remove this trash, which would surely fill a dumpster. What rights do I have as a shareholder? Is it legal for them to store trash in our yard?
A: You shouldn't have to live with construction debris around your building, especially if it attracts rats that pose a public health threat.
“It's clearly the board's responsibility,” said James Woods, managing partner at the Manhattan law firm Woods Lonergan. “It's their responsibility to keep the common areas, the public areas, safe and clean.”
City ordinances govern the removal of construction debris, including the storage of waste. The pile of trash you describe sounds like a violation of those ordinances. The city also requires tenant protection plans for construction sites where tenants are present. These plans require dust control, debris removal, pest control, and sanitation maintenance, according to the city's Department of Buildings.
The board most likely hired the contractor to do the work and should have included waste disposal requirements in the contract.
Write a letter to the board explaining that you have seen rats near the construction debris and that dumping trash is against city ordinance. Request that the contractor remove the trash. You can strengthen the letter by including any relevant provisions from your co-op's bylaws and property lease regarding trash collection, construction activities, and the board's duty to shareholders to maintain the common areas and provide habitable premises.
If the council takes no action and the problem persists, you can file a complaint at 311, including information about rat sightings. This will get the council's attention, but you should be aware of the risks: the fines levied by the city will ultimately have to be paid by the shareholders, which could strain relations between you, your neighbors and the council.
But, says Woods, “when the problem gets out of hand, sometimes you have to resort to desperate measures.”
You can also file a complaint with the DOB's Tenant Advocate's Office, but keep in mind that these complaints are not confidential.
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