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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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I live in an apartment in NY with my 15 year old daughter,

Customer Question

I live in an apartment in NY with my 15 year old daughter, we lived here 1.5 years. Recently, I began parking in the underground garage which requires a FOB to enter the building. The FOB also is used for access to the front door and other facilities like laundry. I was supposed to get 2 FOBs when I moved in, but only got one. This week I asked for a 2nd FOB for my daughter as she walks home from school and if the doorman is not there, she needs the FOB to enter. They asked me to fill out a form for her that asked for her Social Security Number and permission to do a background check. I think that is ridiculous. My lease states that only those over 18 need a background check, so she never needed one.Do they have the right to ask for that information and the right to do a background check to a minor? Also, they are limiting her access to her home.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

There is no law that prevents management from asking for the information and doing a background check. However, the backgrounds check isn't going to show anything since criminal records of a minor are sealed and not available to the public and, in addition, school records require a specific permission slip to be provided.

As far as "are they limiting her access to the home", I think the question to that is obviously. However, that isn't illegal (as in against the law) but it could be a breach of your contract. To know that for sure you would have to take a copy of the lease agreement as well as all of the other paperwork to a local lawyer to let them review.

This sounds like one of those times that you have a "flunky" of a corporation just following directions to the letter without actually understanding the circumstances or the effect of their actions.

Customer: replied 1 year ago.
Thanks for the information, my lease is up in July, so I'll just move down the street.
Expert:  Dwayne B. replied 1 year ago.

You could also consider having a local lawyer write them a letter advising that this is both a breach of contract and a "constructive eviction". That could get you out of your lease early or make them responsible for moving costs.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.