Hazardous Living Environment

[ill_kuma]

What is the name of your state (only U.S. law)? New York

I live in a townhouse Co-Op with 2 floors. We own the unit. The neighbor downstairs passed away for more than a month inside the apartment. They removed the body on 04/25/17. The smell is horrendous and definitely a health hazard with the mold and other toxins in the air. After the detective came and they removed the body, they sealed the door with a sticker and closed all the windows. I have 2 kids (7 and 11 years old) and a 63 year old in the apartment. Now, I called everyone and everywhere from the co-op management, police precinct, NY medical examiner, queens public administrator, 311 department of health, NY State General Attorney office…no one is able to help me. Everyone is giving me the run around and pointing the finger at the other departments involved. I understand that there are procedures to follow when there is a death but there must be some kind of exception when the body has been decomposing for over a month and it affects an existing family that is still alive. From what I understand is that if there is a next to kin that is still alive, they have to somehow contact them and they will need to go to the court to remove the seal and then go in to open the windows. In the meanwhile, the health of my family and I are at risk. My son and I have developed difficulty breathing and I am starting to have chest pains…especially this past weekend when the temperature was so hot. No one is giving me a time frame or any plan of action beside “just wait”. Who knows how long it will take for them to contact the next to kin, then for the next to kin to file a court date, go to court and then finally come open some windows. Can you help us please? If not, please give me some advice or direction. Thank you!

 

[quincy]

What is the name of your state (only U.S. law)? New York

I live in a townhouse Co-Op with 2 floors. We own the unit. The neighbor downstairs passed away for more than a month inside the apartment. They removed the body on 04/25/17. The smell is horrendous and definitely a health hazard with the mold and other toxins in the air. After the detective came and they removed the body, they sealed the door with a sticker and closed all the windows. I have 2 kids (7 and 11 years old) and a 63 year old in the apartment. Now, I called everyone and everywhere from the co-op management, police precinct, NY medical examiner, queens public administrator, 311 department of health, NY State General Attorney office…no one is able to help me. Everyone is giving me the run around and pointing the finger at the other departments involved. I understand that there are procedures to follow when there is a death but there must be some kind of exception when the body has been decomposing for over a month and it affects an existing family that is still alive. From what I understand is that if there is a next to kin that is still alive, they have to somehow contact them and they will need to go to the court to remove the seal and then go in to open the windows. In the meanwhile, the health of my family and I are at risk. My son and I have developed difficulty breathing and I am starting to have chest pains…especially this past weekend when the temperature was so hot. No one is giving me a time frame or any plan of action beside “just wait”. Who knows how long it will take for them to contact the next to kin, then for the next to kin to file a court date, go to court and then finally come open some windows. Can you help us please? If not, please give me some advice or direction. Thank you!

Is there some reason to believe the death was a homicide?

There should have been a cleaning crew in to sanitize the residence shortly after the body was removed from the premises. I am surprised this has not been done already - unless everyone is looking to the next of kin to take care of the expense.

You say the Department of Health has been of no help?

I know of an incident in a Philadelphia apartment complex where a resident died next to a heating vent and, despite complaints from other residents of a foul smell in their apartments and in the building, the body was not discovered for several weeks, when the tenant's rent was late.

The landlord sanitized the apartment once the body was removed and none of the other residents had a supportable legal claim or a recognized reason to terminate their leases (although many chose not to renew their leases ).

Although the smell must be sickening, I am not sure you have a legal action to pursue. You can speak to an attorney in your area to see if s/he thinks there might be.

 

[xylene]

You need to get a lawyer involved to motivate the respective parties to own up to their obligations.

You also may want to talk to your own homeowners insurance company.

 

[ill_kuma]

Is there some reason to believe the death was a homicide?

There should have been a cleaning crew in to sanitize the residence shortly after the body was removed from the premises. I am surprised this has not been done already - unless everyone is looking to the next of kin to take care of the expense.

You say the Department of Health has been of no help?

I know of an incident in a Philadelphia apartment complex where a resident died next to a heating vent and, despite complaints from other residents of a foul smell in their apartments and in the building, the body was not discovered for several weeks, when the tenant's rent was late.

The landlord sanitized the apartment once the body was removed and none of the other residents had a supportable legal claim or a recognized reason to terminate their leases (although many chose not to renew their leases ).

Although the smell must be sickening, I am not sure you have a legal action to pursue. You can speak to an attorney in your area to see if s/he thinks there might be.

There is no reason whats so ever to think its a homicide. The lady has been battling health issues for the past 7 years. Since this is a Co-Op, its a personal own apartment unit within a complex which has a board and a management. I opened a case with Dept of Health but no help yet. We own our apartment unit which is above the lady that passed away. So picking up our stuff and leaving is not an option.

 

[xylene]

So picking up our stuff and leaving is not an option.

If your unit is uninhabitable due to the conditions maybe it is. That's why you should call your insurer to see it temporary housing is an option.

 

[quincy]

There is no reason whats so ever to think its a homicide. The lady has been battling health issues for the past 7 years. Since this is a Co-Op, its a personal own apartment unit within a complex which has a board and a management. I opened a case with Dept of Health but no help yet. We own our apartment unit which is above the lady that passed away. So picking up our stuff and leaving is not an option.

The reason the residence has been sealed is that no one can enter without authorization from the dead person's estate/heirs. This is to prevent theft of property owned by the deceased.

The smell can be nauseating but, according to what I have read, there is no recognized health issues for residents who are subject to the odor. The recommendation is to purchase air filters and smell-disguising products (candles, Fabreez, etc) until the smell disappears (which it should in about a month).

You can try to identify and contact the surviving heir on your own or you can pester authorities until action is taken. But those you have previously contacted are correct that they cannot break the seal and enter the property without authorization from the estate or a court order.

 

[ill_kuma]

The reason the residence has been sealed is that no one can enter without authorization from the dead person's estate/heirs. This is to prevent theft of property owned by the deceased.

The smell can be nauseating but, according to what I have read, there is no recognized health issues for residents who are subject to the odor. The recommendation is to purchase air filters and smell-disguising products (candles, Fabreez, etc) until the smell disappears (which it should in about a month).

You can try to identify and contact the surviving heir on your own or you can pester authorities until action is taken. But those you have previously contacted are correct that they cannot break the seal and enter the property without authorization from the estate or a court order.

Yes, there are procedures and rule that one must follow in a death situation. But there should be some action that can be taken when something not so "normal" happens like this.

From what I have read, a decomposing body omits bacteria, mold, etc...so I would think that these would be an health issue. I already purchased 2 air purifiers...candles and sprays are only to mask the smell. It will not take care of the real issue here.

As I am typing this, I did just get a call from the management office saying that they got a hold of the brother. So now, he will need to make an appointment with the court to have the seal remove and then he will need to find a company to sanitize the apartment. No idea how much longer this will take.

It just sucks that the law will protect a few belongings (furniture, tv, etc) of a dead person but yet dont care about the health of a living family which is paying the taxes, maintenance fee (to the co-op management), etc.

 

[quincy]

Yes, there are procedures and rule that one must follow in a death situation. But there should be some action that can be taken when something not so "normal" happens like this.

From what I have read, a decomposing body omits bacteria, mold, etc...so I would think that these would be an health issue. I already purchased 2 air purifiers...candles and sprays are only to mask the smell. It will not take care of the real issue here.

As I am typing this, I did just get a call from the management office saying that they got a hold of the brother. So now, he will need to make an appointment with the court to have the seal remove and then he will need to find a company to sanitize the apartment. No idea how much longer this will take.

It just sucks that the law will protect a few belongings (furniture, tv, etc) of a dead person but yet dont care about the health of a living family which is paying the taxes, maintenance fee (to the co-op management), etc.

It is not furniture or a TV that is being protected as much as it is valuable items that others may not know exist - although theft of an old TV is still theft.

There is no evidence I could find that supports a belief that breathing in the odor from a decaying body as experienced by those living in adjoining residences is a hazard to health. Unpleasant, yes.

It is good news that a family member has been notified of the death. I imagine it will not be all that much longer that you and your family will have to suffer the smell.

Good luck.

 

[xylene]

Maybe pursue some kind of nuisance claim, now that you know who to go after.

 

[quincy]

Maybe pursue some kind of nuisance claim, now that you know who to go after.

I do not see any legal action available for ill_luna to take, based on what has been described.

People die and it sometimes takes time to identify and notify the next of kin and for the next of kin to make travel arrangements.

I thought originally that there might be a health issue to explore but, based on research, I no longer believe there is.