Dennis Greenstein Quoted in The New York Times

The Real Estate Q/A in the August 27 New York Times addresses the issue of "Who Makes Repairs After a Leak in a Co-op?" A reader asks: "I live in a co-op. My upstairs neighbor had a leak that went unnoticed for several weeks. In an effort to locate its source, the building manager removed part of the ceiling in two of my rooms. Who is responsible for the repairs - the co-op, my neighbor or me?" Dennis H. Greenstein, a Manhattan co-op lawyer, said that responsibility may depend on how the leak was caused. For example, if the leak was caused by an appliance like a dishwasher or washing machine in the upstairs apartment, the neighbor would be responsible. If the leak was caused by something the co-op did - piercing a pipe while installing wallboard in the upstairs hallway, for example - repairs would be the co-op’s responsibility. If neither is negligent and the leak was the result of normal wear and tear, then the proprietary lease will specify who is responsible. “Most proprietary leases state that if the co-op is responsible to fix such damage, it will only be required to Sheetrock and Spackle, but not paint or replace any decorations installed by the lessee,” Mr. Greenstein said. “This is an example of why co-op shareholders should always have their own insurance,” he said.