Page 8 - NY Cooperator November 2019

8 THE COOPERATOR — NOVEMBER 2019 COOPERATOR.COM CONT... There was no way we could accommo- date them. In the end, the board did ar- range to do the work during the summer months when many people were away on vacation. The resident with the dogs had a summer home and went there for the duration of the project. The disabled resident stayed with a family member elsewhere. For other residents who were able to go up and down the stairs, we ac- commodated them by hiring extra staff to help people with their groceries, luggage, etc. We placed chairs on each landing and provided cold bottles of water for anyone who was tired or overheated.” Another example of community out- reach during an elevator upgrade played out at a close-knit mid-size co-op in Up- per Manhattan’s Hudson Heights neigh- borhood. Built in 1939, the 56-unit build- ing has only one elevator. The cab and equipment were completely refurbished a few years back, presenting the co-op co mm uni t y with a unique set of challeng- es. The build- ing was home to about a half- dozen residents who were past 90 years of age – all living above the fourth floor. Hope Kaye has been a resident of the co-op for 15 years and says that most of the elders were former refugees from Eastern Eu- rope during World War II, and as such were perhaps less likely to ask for help than others might be. According to Kaye, those who had children didn’t have them living close by. In order to support and as- sist their neighbors, the community was proactive. “One unique aspect of the problem was that these six elderly shareholders took their lunch every day at a senior center around the corner at a synagogue social program,” Kaye explains. “Their social lives required them to leave the build- ing daily. So we set up a protocol to help them without asking them if they needed help. We placed folding chairs on each landing to provide a ‘rest stop’ after each flight of stairs. We also organized a pro- gram to check in on them and offered to do their errands – things like food shop- ping, picking up dry cleaning, etc. that they might not be comfortable asking a neighbor to do. For those who wanted to do their own shopping, we had the super and residents who were home during the day on lookout to help them carry their bags up the stairs. We did a similar thing with garbage disposal. All garbage must be sorted for recycling, and so had to be carried down to the first-floor collection area, because the building’s garbage chute was sealed up years ago. We made sure that when we took down our garbage, we took down theirs, too.” Kaye says the elevator project took ap- proximately six weeks. “If anything,” she says, “the project and the way we handled it brought us closer as a community.” Another important consideration when it comes to navigating a major el- evator project is to enforce the timeframe and schedule set out by the elevator con- tractor in their refurbishment or replace- ment contract. According to Duggin, “The contract the building signs with the company doing the work will contain a clause specifying a timeline and comple- tion date. If that timeline and date are not met, the contract will contain pen- alties.” While de- lays in any type of construction work are typical, when it comes to some- thing as crucial to the community as elevator work, both the board of direc- tors and manage- ment need to stay on top of the situ- ation to minimize the inevitable dis- ruption. The Legal Angle What are the real liabilities a co-op or condo board should consider before pro- ceeding with an elevator project? Mark Hakim is a co-op attorney with Schwartz Sladkus Reich Greenberg & Sladkus, a law firm based in Manhattan. “While all buildings, co-op and condominium alike, have to make necessary repairs and re- placements, it would be unlawful to dis- criminate against anyone with disabilities in connection with such repairs and/or replacements,” he says. “The removal of a building’s sole elevator from service in a co-op or condominium building in New York may mean a lack of reasonable ac- cess to an apartment for a disabled occu- pant, leading to a possible claim for dis- crimination. “Under the New York City Human Rights Law, the Federal Fair Housing Act, and the New York State Human Rights Law,” Hakim continues, “reasonable ac- commodations in housing must be made ELEVATOR continued from page 1 “A co-op or condominium may be required to provide alternative housing for disabled residents.” — Mark Hakim