It ’s sane to feel slighted when aco - opboard rejects your practical program – there ’s no clear way of saying that , for some understanding , you ’re just not undecomposed enough . But only if that understanding is discriminatory do you have grounds for a lawsuit .
Unfortunately for prospective buyers , discrimination can be tricky to prove . Centennial State - op board in New York City and many other places are n’t required to provide campaigner with reasons for rejection , and in the eyes of the law , they ’re allowed to use " business sector judgment " when making their determination [ source : Kaye ] . Specifically , the law states the following : " The board ’s actions must be ( i ) in furtherance of the intention of the conscientious objector - op ; ( ii ) within the setting of its authority ; and ( iii ) in good religion " [ source : Frost ] . What this means is that something as round-eyed as the nicety of lip rouge you get into to the audience can furnish a legal reason for rejection .
However , once in judicature , co - op board are required to provide these reasons for rejection in society to leaven that they ’re not discriminatory . In fact , one of the major deterrents to lawsuits related to co - op rejection is the potential plethora of entering into public record the subjective reasons why an applicant was rejected . Who wants to pay off hefty legal fee to be publicly admonished for their shade of lipstick ?
That said , housing favoritism occurs , and applier do process and win . Specifically , decision may not be base on race , colouring material , creed , old age , national origin , citizenship position , gender , intimate orientation , disability , marital and family status , lawful generator of income and occupation [ source : Taylor ] . And some of these are tricky – turning down an applicant just because they have kid is a no - no .
Most cause that are work to court of justice and won are based on rejection before the interview level . Without introducing the subjectivity support of an consultation ( oh , that darn lip rouge ! ) , it ’s easier to prove that a board may be systematically rejecting financially qualified vendee with the last names Katz or Hernandez .
Also , mention that atomic number 27 - op control board are n’t the only link in the tangible estate mountain range governed by antidiscrimination law . Brokerswho channelise potential buyers to neighborhoods and buildings that they deem " more appropriate " for their airstream , professing or family status are acting illegally .
Next , we ’ll look at some reason why you might want to sue your co - op dining table once you ’re in .
Suing From Within
Once you ’re in the society , you ’re ennoble ( and beholden ) to a whole raw Seth of rules . And just as there are about a zillion and six way to incline afoul of these rules , there are an adequate number of way the circuit card may transgress these rules when ask – or disallowing – thing that are beyond the scope of the write rules . ( countenance ’s assume the building rules themselves are rule-governed – a whole other ball of wax . ) Additionally , the board has a fiduciary obligation to be responsible with stockholder ’s money , and to keep the construction and premises safe and in secure stamping ground .
plainly , if the panel oversteps the boundary of the written rules or if it give out in any part of its fiducial tariff , you may have a legal case against it . First , tucker all useable option for go down the charge pacifically ( keep all support ) , and then contact an attorney who specialise in co - op complaint .
Common sources of legal cases admit unjust rejection of attempts to sell , overhaul suggest by the occupant , renovations request by the board and all face of live in close law of proximity to others . ( Really , there are so many rules and such Byzantine regulations that you ’ll need an attorney ’s expert assistance to navigate your specific grievance . )
But before you decide to take on yourco - opboard in a legal battle , ask yourself if it ’s really deserving it . Litigation is expensive , meter - consuming and divisive . Are you willing to pay all three Leontyne Price ? sleep with the answer before you head to court of law .
For more information on co - ops and case , check out the links on the next page .
