Q: My Queens co-op has been storing construction garbage in the area between our property and the neighboring property for almost two months now. My apartment looks directly onto the garbage, which has attracted rats. The co-op is asking me to be “patient” while it finishes the work and removes trash at the end of the project, but no workers have been on site in weeks, so I think they should immediately remove this trash, which would certainly fill a dumpster. What rights do I have as a shareholder? Is it legal for them to store garbage in our yard?
A: You should not have to live with construction garbage around your building, especially if it is attracting rats, which creates a public health hazard.
“Clearly this falls on the board of directors,” said James Woods, managing partner of Woods Lonergan law firm in Manhattan. “It’s their responsibility to keep the common areas, the public areas, safe and clean.”
City codes govern the removal of construction debris, including keeping waste contained. The trash pile you describe sounds like a violation of these codes. The city also requires tenant protection plans for construction sites where tenants are present. These plans require dust control, debris removal, pest control and maintenance of sanitary facilities, according to the city’s Department of Buildings.
The board very likely hired the contractor to do the work, and should have included trash disposal requirements in the contract.
Write a letter to the board explaining that you have seen rats around the construction waste, and that leaving trash out violates city codes. Demand that the contractor remove the trash. You can strengthen the letter by including any relevant provisions from your co-op’s bylaws and proprietary lease concerning trash removal, construction activities and the board’s duty to shareholders to maintain the common areas and provide a habitable premises.
If the board does not take action and the problem persists, you could file a complaint through 311, including information about rat sightings. This will get the board’s attention, but know the risks: Fines levied by the city will ultimately be paid by the shareholders, which could strain relations between you, your neighbors and the board.
But, Mr. Woods said, “If it becomes a rampant problem, sometimes you have to take desperate measures.”
You can also file a complaint with DOB’s Office of the Tenant Advocate, but be aware that these complaints are not confidential.
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