I own a Co-op apartment in New York, Queens and
has the following problem with the board of directors.

My son is diagnosed with severe allergy problem with
dust and dust mite.  This was learned after our
interview with the board of directors before we moved
in.  Due to this problem, we didn't install carpet as
specified in the Co-op rules and regulations after we
moved in.  And the directors learned about the fact 6
months after we moved in when management office
carried out their apartment inspection.  We then
provided our doctor recommendation and asked the board
of directors for exemption on this carpet requirement.
 However, the directors replied with an alternate
solution by asking us to install cork floors.  We have
checked the price and it would cost at least $5,000
whereas installing the carpet would only cost like
$3,000.

I'm living at the 1st floor and I don't think I can distrib anyone
without a carpet.  Is there any way that I can force them to make an
exception for my case?

---

Request for Question Clarification by nenna-ga on 29 Dec 2004 11:39 PST

Hello,

So, based off your comments, are you still looking for this answer, or
would you want us to come up with a more economical proposal. If so,
could we have Sq. Ft. of the area to be covered?

Thanks,
Nenna-GA
Google Answers Researcher

Have you considered making a counter-offer of something nonallergenic
that is less expensive than cork? Since the board has made an
alternate suggestion, perhaps they would be open to discussing your
own alternate suggestions.

They seem to make hypoallergenic everything today.  Have you
investigated hypoallergenic carpeting?

Can't find any other solution.  We have hard wood floor now.  But
still we have to clean up our apartment very frequently.

Hard floors are certainly the best.

The Board are being stupid but this is not unusual with Co-op type people.

Tell them that you will have to save up ...

Next time you meet the Board's rep, have your 'adviser' present ...

He's the biggest thug you can find, facial tattoos, the lot ...

Suggest that the Co-op pay the $2,000 extra cost of cork.

Owain

STALL, and keep asking questions. 

Go to your local Yellow Pages and call several Attorneys that
advertise"Landlord-Tenant Law"--they will advise you in less than 10
minutes.

~~Cynthia

Ask your lawyer if your are protected under the Americans with
Disabilities Act.  It seems to hinge upon whether or not the co-op
gets any Federal money.

http://www.law.uh.edu/HealthLawNews/09-1998.html#Bragdon
The ADA protects individuals who have an impairment that substantially
limits them in one or more major life activities, those who have a
record of such an impairment, or those who are regarded as having such
an impairment. 42 U.S.C. § 12102(2) (1997).

http://college.hmco.com/education/resources/res_prof/students/spec_ed/legislation/pl_101-336.html
Children and adolescents who are served under The Individuals with
Disabilities Education Act also receive the benefits of ADA. However,
the law also extends to cover individuals of any age who might have a
number of impairments. These may include persons with ... severe
asthma or allergies

http://college.hmco.com/education/resources/res_prof/students/spec_ed/legislation/pl_93-112.html
"...any program or activity receiving Federal financial assistance."

Even if the ADA is n/a, NY city and state each have their own
anti-discrimination laws.

http://www.nysdhr.com/complaints.html

Here's an excellent article:
http://www.kmm.com/featured-article.html?id=231

imho, be sure to let the co-op know that they are on the wrong side of
the law, and they should at least cover the $2,000 difference.  If
they don't, what they are in effect doing is charging you $2,000
because your child has allergies, and that is discrimination, in my
"not-a-lawyer" opinion.  But give them the opportunity to digest this
information and comply.  If you have to involve the legal process, it
may ending up costing everyone.  It would seem to be a better choice
for them to pay the $2k than have to pay a lawyer to defend their
dubious position.

Thank you for all the valuable comments.  I just have a long
conversation with my lawyer and from what I understand; the bottom is
that the landload usually win in this kind of situation.  The catch is
I have to have some kind of floor covering and the landlord has to be
reasonable.  So as long as I can figure out some economical floor
covering, no matter what it is, it would be a strong counter-proposal.

Moreover, I have done some research on environment control over
allergy.  It seems that the first priority is the bed and the carpet
is somewhat a mild priority unless the children is very young and
plays on the floor often.  And given there are tons of product on
cleaning the carpet, I now see why my lawyer hints that it will be a
lost cause.

Guess I should avoid Co-op in the first place.

Some good comments have been made here, but I would point out one
thing: You legally agreed to install the carpeting, so any relief the
landlord gives you comes from the kindness of his or her heart.

Kind regards,
Kriswrite