Q&A HABITAT Magazine
Q: It’s not just Donald Trump who’s obsessed with ID cards. A co-op board in Brooklyn is requiring all shareholders to obtain an in-house identification card after showing a valid driver’s license or state identification, a copy of the shareholder’s stock certificate, and a utility bill in his or her name. Shareholders are required to carry the ID at all times while using the co-op facilities, such as the laundry room. Is this legal?
A: Requiring shareholders to carry a building identification card might seem like an invasion of privacy, not to mention annoying, but it’s not illegal, replies the Ask Real Estate column in The New York Times.
Co-op boards are responsible for protecting the building and its residents. The governing documents of most co-ops allow board members to determine how best to do that, including regulating safety and security measures. And the courts give them expansive powers to do so.
While the ID card requirement might seem draconian, it’s possible that the board is pursuing this policy as a way to keep shareholders safe by ensuring there are no illegal subtenants or uninvited visitors in the building. Identification cards would allow staff to confirm that everyone who is there is supposed to be there.
“Even if those rules are strict, they are still likely enforceable, provided that the board acts in good faith and in the interest of the co-op corporation, and the enforcement of those rules does not violate any laws,” says David Fitzhenry, a partner at the law firm Moritt Hock & Hamroff.
If the board wants to institute this policy, it must be consistently applied without illegally targeting or harassing individual residents. It must also accommodate everyone who has a right to be on the premises, including family members and lawful roommates who are not shareholders.
If the identification checks are being enforced in a way that is discriminatory or does not comply with the co-op’s bylaws or rules, you can let the board know your concerns verbally or in writing, says Laura Mehl Sugarman, a partner at the law firm Benesch.
Be respectful in your letter — these board members are likely your neighbors — and stick to the facts. Seek out any neighbors who share your concerns, and have them sign the letter as well. But be advised: given the vast powers and legal protections enjoyed by co-op boards, you’ll be fighting an uphill battle.