An elderly, disabled resident of a White Plains condominium is ignoring the dictum that you can’t fight city hall.
Marva Ann Parker, 85, and her caretaker, Sandra Richardson, petitioned Westchester Supreme Court on May 31 to compel the White Plains building department to inspect a broken steam pipe in her apartment at The Wellington on Main Street.
“The Department of Buildings is required to conduct an inspection to determine if a violation [of state fire prevention and building regulations] exists,” the petition states.
Parker bought her condo unit for $235,000 in 2020, according to a county property record.
The condominium bylaws require The Wellington to fix steam pipes, according to an exhibit filed with the petition. And before Parker moved in it was allegedly understood that The Wellington would resolve all maintenance issues in her apartment, including problems with a broken steam pipe.
The living room and bedroom floors were damaged and the living room floor is sinking, the petition states. The building superintendent tried to fix the floors but problems recurred within a month.
Since then, The Wellington has allegedly failed to do anything about the steam pipe.
Parker is wheelchair-bound, according to the petition, needs round-the-clock care, and is unable to physically take care of herself.
Richardson, the caretaker, claims she has power of attorney to represent Parker. On April 16, she filed a complaint with the city building department.
Parker’s attorney, Ndukwe D. Agwu, contends that local governments are required to conduct inspections to ensure compliance with fire prevention and building code regulations.
“This inspection must be carried out in a timely manner,” the petition states, “to ensure that any identified issues are promptly addressed to protect the health, safety, and welfare of the public.”
Agwu exchanged emails with code enforcement officer Christopher Misiti and assistant city attorney Elizabeth Mirisola, according to the petition, but so far the building department has not inspected the apartment.
Misiti and Mirisola did not reply to an email asking for their responses to the allegations.
Agwu is asking the court to direct the city to immediately inspect the broken steam pipe in Parker’s apartment.
