Legal Question in Discrimination Law in New York
Harassment of woman in her nineties
My mother is a prisioner in her own co-op in Queens. Every time she even goes for the mail or to the nearby supermarket, the superintendent and his crew use their keys (we have changed the lock multiple times to no avail) and help themselves to her food, clothing, linens, personal mementos of her long life, etc. They broke part of her bathroom sink and some chairs. They left trash in the apartment. They also phone constantly. The co-op board refuses to do anything about the situation. As her daughter, I phoned the police. I spoke to them. The police refused to even file a complaint because they said there was no sign of forced entry. Nor were there any witnesses although my mother did tell the police she has seen the culprits in the window of her apartment when she is walking to the building. When I have watched her apartment,I have seen guys at the peephole. They go away fast when I open the door. No one seems willing to help-not the police, not the managing agent, not the co-op board. I was toying with the idea of filing a complaint with the NYC Civil Rights Division. This is a very old and frail woman who is being harassed. Other residents, non-elderly, are not. What suggestions does anyone have?
1 Answer from Attorneys
Re: Harassment of woman in her nineties
If indeed this is happening, and you wish to pursue it, there are agencies that help the elderly with things like this. I suggest you approach it this way. Try asking the Department of Social Services about this, and what to do if there is a need for your mom to relocate temporarily. It can't hurt to call the Commission and or the Division of Human Rights but they will also want proof the super is doing this.
This must be reported in writing to the cooperative Board and the management. Preying on the elderly is a major problem. The cooperative would be liable in an action for harassment and possibly discrimination under the housing discrimination section of the human Rights law which allows punitive damages to be awarded.
If you are sure this is actually going on you might hire an investigator to video tape it.
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