Page 9 - NY Cooperator November 2019

COOPERATOR.COM THE COOPERATOR — NOVEMBER 2019 9 CALL BARGOLD! (718) 247-7000 www.bargold.com Storage4u@bargold.com 41-41 38th Street Long Island City, NY 11101 We will turn your unused building space into a secure, state-of-the-art storage facility FOR FREE . We will handle everything from start to finish, and we’ll PAY YOU monthly. A valuable amenity for residents that won’t cost you a dime Our Investment. Your return. to those living with legally defined dis- abilities. The accommodations to be made should be such that the disabled person can enjoy the use of his or her apartment in the same fashion that some- one who is not disabled can. In addition, in a co-op building where there is a land- lord/tenant relationship, while the board (comparable in this case to a landlord) is entitled to shut down the elevator to make the repairs/replacements, depend- ing on the terms of the proprietary lease, that shutdown may entitle the sharehold- ers (in this case comparable to tenants) to make a claim for abatement of their maintenance.” In other words, if a share- holder can’t make full use of their apart- ment because of an elevator shutdown – no matter how necessary that shutdown may be – they may be able to argue suc- cessfully for suspending their monthly maintenance until the lift is back up and running. Hakim cautions that notice should be sent to every resident of a building when an elevator shutdown is planned, and that management should make inquiries to determine which residents may need assistance. However, it is generally the responsibility of the disabled shareholder or unit owner to notify the management or board and request a reasonable ac- commodation to be made. “Depending on the nature and scope of the shutdown,” Hakim says, “a co-op or condominium may be required to pro- vide alternative housing for disabled resi- dents. It would depend on the facts – in- cluding the length of time the elevator is out of service, the floor on which the dis- abled resident resides, the building’s fi- nances, and so forth – but regardless, if a board is faced with the choice \[between\] providing reasonable alternative hous- ing and defending a possible discrimina- tion claim, we generally recommend they work with the disabled resident toward an amicable and reasonable solution. “We also recommend that when con- templating major elevator work, \[boards\] budget accordingly for such likely ac- commodation requests,” Hakim con- tinues. That said, however, Hakim adds that for a board to be obligated to pay for accommodating a resident during an elevator project, the nature and cost of the proposed accommodation must be reasonable, when factoring in the fi- nancial wherewithal of the co-op or con- dominium. For example, some buildings will pay to rehouse residents off site for the duration of a project. Others look to install temporary staircase lifts or to relocate occupants to building-owned units on lower floors. Some will pay for the additional cost of groceries or other necessities to be delivered or will hire jor elevator repair/replacement project, understand and expect that there may be additional personnel to assist those with co-op and condominium boards should requests for accommodations and should disabilities who elect to remain at home be proactive and communicative. They be, at all times before, during, and after during the project. Different buildings should reach out to all the occupants and the bid process and during the pendency will handle accommodation requests in determine who, if anyone, will need ac- different ways, but, according to Hakim, commodations and how those can be reasonable requests. the answer remains the same: “Reason- able accommodations must be made for all, and do not ignore the issue until it is those with legally defined disabilities.” When it comes to something as crucial nicative and proactive, rather than tight- – and as potentially disruptive – as a ma- reasonably made. Open a dialogue with too late. It’s always better to be commu- lipped and reactive. Each board should of the work, ready to assist and respond to n A J Sidransky is a staff writer/reporter with The Cooperator and a published novel- ist.