My Neighbor’s Apartment Is Leaking Into My Space. Who Has to Fix This?

Herrick partner, Bruce Cholst, was quoted in The New York Times "Ask Real Estate" column with a question from a reader about a neighbor's HVAC unit creating a water flow onto their patio a few floors below. This reader objected to this at the time of installation, filed written complaints to the cooperate board, and even called NYC's 311, but has not heard anything back from the board. The reader asks if this is truly allowed and if going to an attorney to resolve this issue is reasonable.

Legal action against the board would be expensive and difficult. Boards are protected by the business judgment rule, which gives them a defense in court for most of their actions, unless the actions were made in bad faith or were against the law. "It’s an awfully steep climb to overcome that," notes Bruce. You’d have to spend a lot of money to prove negligence on the part of the co-op, and even then it might not work, he said.

The article states, "If your efforts to work with your neighbor fail, you might have to hire a lawyer to pursue legal action against them, either because of the contractor’s faulty installation or the neighbor’s improper operation of the system. This claim is much more direct and easily provable, Mr. Cholst said."

The article continues, "Before any lawsuit, send a letter written by a lawyer. This could startle the neighbor, but it will indicate that you are serious. The letter should demand that the neighbor fix the problem, and it should allude to the possibility of monetary damages and a court order to repair the HVAC system. In addition, suggest that the neighbor forward the letter to their homeowner’s insurance carrier."

"If you can get the insurance company to pay, then it will resolve much more quickly," Bruce added.

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