Legal Question in Civil Litigation in New York

Neighbor's bathroom window

We live on a corner. Our neighbor behind us, on the other street, added a large addition, including a new bathroom with a window that is at least 5ft tall by 5ft wide on the side of their house which overlooks our backyard. Their house is 5 feet from my fence, which is maybe 30 feet from my house. There is no window treatment. When i open any of the shades in the back of my house-a hallway and a bedroom, i see them in the shower or in front of the mirror in various stages of undress. My other neighbors can see in there as well. Is there any law preventing them from exposing themselves to my family like that? You might say to not look, but tell that to my kids!


Asked on 12/08/03, 2:30 pm

4 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Neighbor's bathroom window

Yes, you have an action. As an aside, I actually had a case like this where the facts were humorous. Yours sounds more serious.

You can make complaint to the police for 'public disturbance' and a variety of other crimes. If the police act, then they can be required to put up a screen or curtain.

If the police choose not to act, then you have an action for 'harassment', undermining minors, and some other actions. A friendly judge will require them to put up a screen or curtain.

What do I recommend? Is a fence on your side possible? If not, then document your case. Make a video of their actions (you are entitled to stand on your property and electronically record what you see for your private purpose without violating the rights of the person recorded).

Having found that you can document the case, then I recommend hiring a lawyer to 'negotiate' a curtain or screen. If the nogotiations fail, then embarrassing your neighbor with a lawsuit may be the only option remaining.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 12/08/03, 2:39 pm
William Pinzler william M. Pinzler

Re: Neighbor's bathroom window

Generally no. It is possible that your neighbor has created a nuisance, but generally there is no law requiring anyone to put up shades, to not parade around in various stages of undress, or cavort in the all together. You might discuss it with your neighbor for the benefit of your children.

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Answered on 12/08/03, 3:11 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Neighbor's bathroom window

Check your town code. There may be a set-back requirement for such a window. Call your town zoning board and the town ispector to investigate on your own.

Good Luck.

RRG

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Answered on 12/08/03, 5:14 pm
Joy Frank Joy Y. Frank, Atty-At-Law

Re: Neighbor's bathroom window

why don't you just tell the neighbor. They are not shy so you should not be either.

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Answered on 12/08/03, 8:16 pm


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