Legal Question in Disability Law in New York

Parent of Child with Autism being threatened Eviction

My neighbor has repeatedly (in the last 3 yrs.) complained to the management office in my building about my son being loud. I have informed the management office that my child is Autistic, but i continue to receive letters threatening legal action and recently a letter from the local development coalition asking to resolve this matter Once And For All or they will proceed with legal action. My son is going to be 5 yrs old and he is severly delayed. He has difficulty communicating and alot of the time he is tantrumming or juat hyperactive. what can i do . If I can take legal action myself, I would like to know. My son has many challenges to face with his autistic diagnosis and this situation is completely unacceptable to me.

thank you.


Asked on 2/27/02, 9:08 am

1 Answer from Attorneys

Harold M. Weiner Coles & Weiner, P.C.

Re: Parent of Child with Autism being threatened Eviction

I am sorry for your plight, and Autism is a very difficult problem for parents to deal with, but really, your neighbors have rights too. If as he grows older his noise level increases, you should consider moving to a situation where his noisemaking does not impinge upon the rights of other tenants in the building to have quiet enjoyment of the premises which they occupy. This is a matter not of reasonable accomodation of your son's disability but of reasonable accomodation of your neighbor. For example, someone with Turret's syndrome would not be allowed to roam the common areas and curse out other occupants or their visitors or guests, nor would someone who is afflicted with a mental illness that manifests itself as aggressive and hostile behaviour be allowed to threaten others in the building on a continuing basis. You are just going to have to either find a way to soundproof his room and confine him to it when he has tantrums, or move to a private dwelling where neighbors are not affected.

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Answered on 2/28/02, 7:54 am


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