I'm a disabled person living in a co-op owed by my brother. The co-op board may want to evict me based on water damage caused by

Asked over 1 year ago - East Rockaway, NY

a faulty plumbing job(The work ws performed by the firm that the co-op uses.) I would like to negociate and chnage their minds without any hostile legal action, because I like my neighbors and the co-op board. I consulted the local agency that provides free legal advice to the disabled. We agreed that the best way would be to present the co-op board with a document admitting culpability, swearing that nothing like this would ever happen again, and as a matter of good faith, agree to a time frame to test this promise and allow me to make it. The lawyer who I spoke to said that I would just need documentation that the co-op board is considering eviction, and that I can obtain it from my brother or the co-op board.I just don't feel comfortable asking either of them. Can I obtain it online?

Attorney answers (3)

  1. Mitchell Aaron Nathanson

    Pro

    Contributor Level 15

    Answered . This is not information likely to appear on the internet for verification, but you can try http://iapps.courts.state.ny.us/webcivilLocal/L...

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar... more
  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . Why does the Board want to evict you over water damage caused by a plumber the building also uses? Accidents happen. Hopefully someone has insurance. There seems to be something more going on here. I think you would be smart to retain a coop/condo attorney and not rely on free advise you get at a clinic.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Steven Warren Smollens

    Contributor Level 20

    Answered . Dear should I admit?

    Perhaps I might propose an answer. I agree with the two other answering attorneys. This makes no sense if you claim that you get along well with the board and neighbors yet nonetheless they want to end your brother's lease due to an accident caused by the same plumber retained by the cooperative.

    A tenant attorney will tell you, never admit to an act that may be used to terminate your tenancy. The cooperative does not need to prove a winning case in court if the cooperative relies upon the practice where the shareholders may hold their own trial and determine that you are an objectionable tenant (or that your brother is an objectionable shareholder.) Once the cooperative makes that decision, if the legal steps were properly followed, the Housing Court, does not have any power to make a new decision, and you would be forced to challenge the determination of the board in NY Supreme Court (Queens County) via an Article 78 proceeding.

    An admission of culpability serves as the evidence that could support an determination of objectionable conduct, so hire an attorney and do not make the mistake that a confession can set you free.

    Read more about how a cooperative may avoid a court hearing its objectionable tenant case at:

    http://www.habitatmag.com/Publication-Content/H...

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more

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