I have been living with mold in my bedroom for about two months (that we know of), patiently waiting while breathing in this black mold for Coop mgmt. co. to get a mold remediator into the unit for mold testing and air quality. The mgmt company does not want to be clear nor provide a copy of the report to us (shareholders). I am very afraid and have lots of questions, again the mgmt co does not want to reply to me in writing (emails). i do not know what I have been exposed or for how long. The floors are damp and all of my personal belongings smells so strong of mold I do not know what to do, I need my furniture and clothing... I've asked if the unit is still habitable and if we would have to move out for them to take out the mold as I have heard that remediation is a process where remediators wear protective mask and clothing, there is also quality assurance, what process will they utilize to rid the mold and what materials will be used as well. I have read that law in NYC requires that they provide this information to me in writing, is this true? We (my family and I ) are afraid, what are our legal options, The mgmt co. does not want to answer our questions. Should I call 311?
You should call 311 and request that the Dep't of Housing Preservation and Development (HPD) send an inspector. The inspector will issue violations and the management company will then have to correction the condition for the violations to be removed. If the management company still does nothing you should continue to call HPD and have the send an inspector again. You could also go to Landlord/Tenant Court (or seek the assistance of an LL/T attorney) to commence an HP proceeding.
You should also send written notice to the Board of Directors and management company pursuant to the terms of the COOP bylaws, offering plan and your proprietary lease, if you are the shareholder.. If you don't have the bylaws, offering plan or proprietary lease because you are a tenant of the shareholder, you should send a letter via regular and via certified mail to the shareholder who owns your unit, the Board and the management company putting them on notice of the condition in writing. I would also take pictures of the condition every few days or so, and I would continue to send written notices from time to time until the repairs are properly made.
I am licensed only in New York. Offering information of a general nature in response to a question is not intended to be legal advice in your state.
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