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I am a shareholder of a coop apt and my father is the

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Hi there:I am a shareholder...
Hi there:I am a shareholder of a coop apt and my father is the superintendent. As i have been complaining about a number of boiler, elevator, laundry, maintenance issues and disgusting unsafe conditions within in the building, the management of the building has been retaliating against my father (the Super) now.I have been fighting with them for so long hoping they will do something but have done nothing and now they are trying to blame all of it on the Super which most if not all the complaints have nothing to do with the Super and his responsibilities. It is beyond his work scope yet they still have the audacity to do such a thing.What are my options? I have every right to complain as the disgusting conditions have caused me so much detriment but i never wished for it to backfire. I also don't know if my father should reply to their letter and the claims in detail defending his position or should he reply very short? Please advise
Submitted: 7 months ago.Category: Real Estate Law
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Answered in 7 minutes by:
10/2/2017
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,489
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Thank you for requesting me. I am offline in a meeting. I will be happy to assist you when I am back online.
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Customer reply replied 7 months ago
this is not a response this is a hold message....? When will you be done at the meeting?
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

I am back online. Thank you for your patience.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

If they are not doing their job and blaming your father you have every right to file a lawsuit against them for breach of their duties. You can also file a Fair Housing complaint if you feel this is discriminatory. Where in New York is the coop located?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Did you ever file a complaint at http://www1.nyc.gov/nyc-resources/service/1448/co-op-or-condo-complaint ?

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Customer reply replied 7 months ago
This is all New York, Queens County.
I have even called HPD and am not sure what happened since. I have noticed some changes but those changes they also used to claim they are my fathers duties and were not taken care of and are pretending they do not know that the Porter, whose actually responsibilities are that of what they claim are my father's, is a human being and can not possibly handle a 120 unit building alone. The Porter works 7 days a week so my father feels terrible to continue to add to his duties.My goal is not to get my father in trouble.How do i go about filing the Fair Housing Complaint? Why is that different from an actual lawsuit? And would i file in civil or Housing court?
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Your father actually has an action against them as well. If they are understaffed that is on the co-op board. I would keep filing complaints.

Your dad should speak to an employment Attorney in the area that provides FREE consultations in the area.

I will provide you with a housing complaint link.

Depending what you file I would start with housing court (not always helpful) I am sorry that you are going through this as this not the way to run co-op. Give me a few moments to put information together for you. Thank you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago
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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Fair Housing http://www1.nyc.gov/site/fairhousing/index.page

"Illegal Actions

Fair housing laws apply to the sale or rental of housing and also to mortgage lending. They cover some very specific actions. Some typical examples include:

  • Refusing to rent, sell, finance, insure, or negotiate for housing;
  • Making housing unavailable;
  • Setting different terms or conditions, or providing unequal services;
  • Printing or circulating a discriminatory advertisement;
  • Refusing to make or provide information for a loan, or imposing different terms or conditions for a loan; or
  • Harassing, threatening, intimidating, or coercing anyone, including sexual harassment." https://ag.ny.gov/civil-rights/fair-housing
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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

"The Business Corporation Law (BCL) is the main New York State law which governs how co-op corporations must operate. The decisions made by courts in cases involving BCL provisions are the case law which interprets the statute..." http://tenant.net/Rights/atgcoop.html

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Are you online with me?

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Customer reply replied 7 months ago
Thank you but i was hoping you could advise what i should do.
Do i have a right to start improving matters on my won bcs they wont or do i need to go to court and have a judge grant me that? How do i go to court and file a case against them?
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

We are a general information site. Pursuant to the terms of service for the site we can provide general information that, hopefully, gets you headed in the right direction. I provided all of the different things you can do including filing a lawsuit.

Yes a judge can order them to take action.

Give me a moment to provide the terms of services to you. I will also provide more information on a lawsuit.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

I see you have used the site before. You must agree to the terms of service in order for the Attorneys to see your questions. I am sorry if there was any confusion on the services the site provides. I would encourage you to contact customer service if you have any questions with regard to the site.

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

"Since a co-op shareholder is, in effect, a tenant of the apartment corporation and executes a proprietary lease (in which the rights and responsibilities of both the corporation and the shareholder are set forth), use of the housing court is available to the co-op in the event of a breach of a shareholder’s obligation. At the present time, each New York City borough has its own housing court. Despite some of the problems with delays and shortage of available courtrooms, co-op issues continue to be resolved in housing court alongside landlord-tenant disputes." https://cooperator.com/article/settling-co-op-disputes/full

You can also seek mediation

http://documents.nycbar.org/files/mediation_brochure_coop_condo.pdf

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Are you still online with me?

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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

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Customer reply replied 7 months ago
The information you gave me seems to be more so in relation to a Landlord against a shareholder - tenant?
Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago
you know the arguments from the landlord’s prospective and you take the opposite position. Mediation is available and may be a helpful start for you. You always want to know what tools your opposition has. You also want to know what defenses they may use. Now you we are on the same page with me. So glad you now have all of the resources and links for assistance. Let me know what happens.
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Real Estate Lawyer: Attyadvisor, Attorney replied 7 months ago

Mediation

http://documents.nycbar.org/files/mediation_brochure_coop_condo.pdf

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