Legal Question in Real Estate Law in New York

In a coop apartment in Westchester County, NY - my neighbor upstairs has a bed bug infestation which he knew about and did not report to management and initially refused to allow a professional exterminator when his apartment was inspected. Over a month later - after 3 treatments upstairs, the exterminator inspecting my apartment found 1 bug in an interceptor under my bed. Now the management says I have to have my apartment treated and pay for it myself. Why is the cost my responsibility - do I have rights to sue my upstairs neighbor for the costs? Also, this SAME unit owner above me has also caused numerous water damage to my bathroom ceiling from a leak coming from his unit after he renovated his own bathroom. Again, the management company says they have no way to make him have professional repairs in his bathroom to stop the damage in my apartment and it is up to me to take it up with him - they DID however replace the drywall in my apartment TWICE before sending me the letter stating it wasn't their responsibility. Does the warranty of habitability apply to coops whereas it would be the coop's responsibility to repair the damage since it is coming from outside of my walls and affecting my livability? Do I have any way to have the shareholder above have his shares revoked for constant refusal to make repairs that affect other unit owners? His bed bug infestation affected at least 3 other shareholders - all forced to pay for exterminator. Any help would be greatly appreciated. I am fed up with this family above me getting away with refusing to fix issues that affect my apartment.

Asked on 5/25/17, 6:21 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Coop law is very particular and you'd need a lawyer who works in that area to give you advice. Sorry; it seems you're in a terrible situation. Can you get on the coop board yourself?

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Answered on 5/26/17, 7:23 am

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