Page 13 - NJ Cooperator Fall 2020

NJCOOPERATOR.COM THE NEW JERSEY COOPERATOR — FALL 2020 13 ©2020 CIT Group Inc. All rights reserved. CIT and the CIT logo are registered trademarks of CIT Group Inc. Deposit and loan products are offered through CIT Bank, N.A., the FDIC-insured national bank subsidiary of CIT Group Inc. MM#8439 The experience and solutions you need. Put the leading bank for community association management companies to work helping you power forward with: We focus on your needs, so you can stay focused on managing your communities. Let’s explore how we can partner with you at cit.com/CAB Matthew Driscoll 443.866.9076 | Matthew.Driscoll@cit.com • Individualized service • A broad suite of community association banking and saving solutions • Customized technology • Operational efficiency rassement, or any type of harassing be- havior that rises to the level of violence is spective. She says, “Harassment is a very disputes involving housing. Florio ex- considered criminal—and as such should personal issue. What of course may be plains that his state’s Condo Act stipulates ‘public,’ or outside of an owner’s or share- be reported immediately to the police. The harassment to one person may merely be that “any type of housing-related dispute holders home, but still on the co-op, New York City Commission on Human conversation to another.” Rights defines discriminatory harassment as “threats, intimidation, harassment, co- ercion, or violence that interferes with a C. Kim, of counsel at Schoenberg Finkel in a condo can trigger this”—including an something happens in a common element person’s civil or constitutional rights and Newman & Rosenberg, LLC, in Chicago, accusation of harassment. is motivated in part by that person’s ac- tual or perceived race, creed, color, na- tional origin, gender, sexual orientation, server calls a customer ‘dear’ or ‘honey.’ involving board members or building the incident rises to the level of discrimi- age, disability, or alienage or citizenship In certain contexts, that’s not necessar- status, or other protected status.” Mark Hakim, a New York City attorney being suggested. But in other contexts, meet with an independent arbitrator or being harassed can file an application for with the firm of Schwartz Sladkus Reich where that kind of familiar behavior isn’t mediator to come up with a mutually sat- Greenberg Atlas specializing in com- munity law, defines criminal harassment ate.” as “the intent to harass, annoy, or alarm another person in or about public places, Stark in Lawrenceville, equates harass- engage in conduct, or repeatedly com- mit acts which alarm or seriously annoy fortunately might experience from their housing), the process is mandatory before If it occurs in a common area—a hallway the victim, and serve no legitimate pur- pose.” He notes that proving criminal ha- rassment is often a matter of proving the words can and do hurt. When hurt- perpetrator’s intent or purpose—which ful words are used repeatedly over time nature, or if ADR fails to remedy the situ- can be very difficult in the absence of any against an individual without provoca- substantive indication of what someone tion, it can constitute harassment. Florio association to act,” adds Florio. Especially areas, the board clearly has the authority is thinking or feeling in a given moment. defines a harasser as “someone who is if the harassment was taking place in a to regulate behavior and prohibit it.” That means that “the same behavior re- peated in different circumstances may adding that the legal definition of harass- be harassment in one case, but not in the ment “is no different in a multifamily either invoke remedies or penalties stipu- other,” Hakim continues. Ellen Shapiro, a partner at the Mas- sachusetts law firm of Marcus Errico Emmer & Brooks, PC, has a similar per- Often, the attorneys indicate, it comes resolution, or ADR \\\[before escalating to that “harassment in a multifamily envi- down to context and language. Michael litigation\\\]. Almost anything that happens ronment has two aspects to it: One, when says that “it could even be a matter of per- sonal style—like in a restaurant where a arise between residents—including those not observed by anyone else); and two, if ily problematic; nothing inappropriate is effect. In this process, the parties must of those aspects are present, the person normalized or expected, it isn’t appropri- Chris Florio, attorney with Stark & dispute, of course—but in New Jersey ment with the bullying that children un- peers. Contrary to the “sticks and stones” a case can be considered for escalatory or lobby for instance—we could treat that adage that we all followed in grade school, processes. consistently abusive or insulting to you,” building or community’s common areas, building.” Harassment in Housing Unlike New York, New Jersey has ar- bitration requirements when it comes to must be provided alternative dispute condo, or HOA property. She points out In the Garden State, when conflicts viduals within the confines of a unit, or employees—the ADR clause goes into nation.” In situations where either or both isfactory resolution. The ADR option is cal district court within the states where available to anyone involved in any civil Shapiro practices law. condos, co-ops, and HOAs (in addition a multifamily setting, “It often depends to rental apartments and other types of on the location where the incident occurs. If the harassment is discriminatory in ing owner. We don’t want people walking ation, “it would be incumbent upon the at fellow owners. If it occurs in common he says, it is the board’s responsibility to lated by the community’s governing doc- uments, or to refer the case to the proper authorities. Shapiro agrees that escalation is war- ranted when the harassment occurs in (as opposed to strictly between two indi- Criminal Complaint of Harassment in lo- In Illinois as well, Kim concurs that in as a nuisance being created by the offend- through the lobby screaming and yelling HANDLING... continued from page 1 continued on page 14