Living in a cooperative offers a sense of community and shared ownership; the very name cooperative denotes a communal and common interest. But what happens when a shareholder's personal belongings start to impact the entire building? Hoarding Disorder, a recognized mental illness since 2013, can create a challenging situation for a board of directors, management, the individual, and their fellow shareholders.

The most notorious example of hoarders is the Collyer brothers. In New York, the term “Collyer Mansion” is shorthand for an apartment or building occupied by a hoarder. The Collyer brothers, Homer (born 1881) and Langley (born 1885), were a fascinating and tragic story. The brothers, who lived in a Harlem brownstone that once belonged to their well-off family, became infamous for their compulsive hoarding. They came from a privileged background, with a doctor father and an opera singer mother. However, following their mother's death in 1929, the brothers became increasingly reclusive, fearing robberies, and eventually boarded up most of the house. They filled the brownstone with an astonishing array of collected items from late night expeditions throughout NYC – newspapers, furniture, car parts, musical instruments, and more. Because of their paranoia, they also began creating booby traps throughout the house to prevent intruders. Sadly, both brothers died in 1947. Homer passed away on March 21, apparently the victim of one of his own booby-traps. Langley, who was disabled and bedridden, died later though his body wasn't discovered for weeks, due to the clutter. Their deaths were a catalyst for the city to clear the house, revealing over 140 tons of hoarded materials.

As with the Collyer brothers, most hoarding is done by individuals who have suffered some type of trauma or tragedy that renders them reclusive and isolated. Oftentimes these individuals replace personal relationships with objects; i.e., their books, papers, and just plain trash become as important to them as living family members.

Hoarding can pose numerous dangers in a cooperative setting:

• Safety hazards: Piled-up possessions can block exits, create fire risks, and attract pests.
• Inability to make repairs: conditions in the apartment often make it difficult, if not impossible, to repair anything from a water leak to heating systems, or to undertake larger projects like window replacement.
• Health concerns: Mold, mildew, and infestations can thrive in cluttered environments, impacting everyone's health.
• Disputes and tension: Unpleasant odors and pests can affect other apartments, which strains relationships between neighbors.

Finding Solutions

Hoarding is always a difficult and time-consuming problem with no easy fix or resolution. The shareholder’s mental issues, coupled with the usually substantial work needed to physically fix the apartment, rule out quick solutions. Housing Court litigation is always an option (and usually required), but it should be viewed more as a tool to help implement other means of curing the problem rather than as a means of evicting the shareholder. Courts have a great reluctance to evict tenants, especially as hoarders are oftentimes elderly or suffer from diminishing mental capacity. However, a Housing Court proceeding is often the tool by which the shareholder can be made to focus on the issue, enlist the intervention of family or friends, or secure services from governmental agencies such as NYC’s Adult Protective Services.

Here's how co-ops can approach hoarding situations:

• Start with a conversation: The co-op board or management can express concern and inquire about the resident's well-being.
• Family or Friends: The cooperative can reach out to family members or friends in the community who may be able to work with the shareholder and help them address the problem they are unable to deal with themselves.
• Professional Help or Organizations:  Many cooperatives have senior organizations of their own or an association with groups such as JASA, New York Foundation for Seniors, etc.
• Seek professional help: Offer resources for professional organizers specializing in hoarding or mental health professionals who can provide support.
• Work with the resident: Develop a clear plan with timelines for addressing safety hazards and creating a healthier living environment.
• Legal Action: Consult with your legal counsel on how best to use litigation to help resolve the problem and ensure the shareholder’s cooperation.

As noted, it is important that boards and management have a clear plan to deal with shareholders who are hoarders and understand that it will be a difficult and often lengthy process. Often, we recommend that a holdover proceeding be commenced in Housing Court, both to aid in gaining the shareholder’s cooperation and to attain the necessary resources for them. In turn, the litigation shows other shareholders that the board is dealing with the matter and addressing their concerns. Boards often find themselves caught between the desire to assist a shareholder in distress and the need to address the valid safety and health concerns of all the other shareholders, especially those living next to the hoarder.

Hoarding is a complex issue. Sensitivity and a collaborative approach are key.