Scott Mollen Scott Mollen

Co-ops—Occupant's Refusal To Wear Face Covering or Mask When Entering or Utilizing Common Areas

The plaintiff, an LLC, had moved to enjoin an occupant of the plaintiff's apartment, which was located in a cooperative building, from entering or utilizing common areas of the building without wearing a face covering or mask (mask).

The plaintiff and the defendant had entered into a written lease that required the defendant to comply with "'all laws, orders, rules, requests, and directions, of all governmental authorities' and that the 'comfort or rights of other tenants must not be interfered with.'" The lease further provided that the defendant understood that she was renting an apartment in a co-op building and the lease was subject to the co-op's Offering Plan and Amendments, Proprietary Lease, House Rules, and any other governing co-op documents.

The plaintiff alleged that on numerous occasions, the defendant entered the building's common areas "without wearing a face mask … and that such behavior was in derogation of the regulations promulgated by the State of New York to combat the spread of the COVID-19 virus." The plaintiff cited "complaints by other tenants in the co-op…" and argued "that by refusing to wear a face mask … the Defendant has placed the health and safety of other residents at risk, and therefore is in violation of the express and implied terms of her tenancy."