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Thomas D. Kearns


Wireless Installation on Condo Roof Enforced

Cell antenna opponents have moved from NIMBY to NOMCR (Not On My Condo Roof) . . .

Cell antenna opponents have moved from NIMBY to NOMCR (Not On my Condo Roof) but their losing streak continues. In Vassi v. Salem House, several condo unit owners sued to force the T-Mobile cell installation off the roof of their condo. The claims: the facilities are dangerous and the condo's governing documents did not give the Board the authority to permit them. The claimed danger was based on FCC required signs at the site warning that "radio frequency field at this site may exceed FCC rules for human exposure" and "all personnel should have electromagnetic", among others. Judge York refused the injunction requested by the plaintiffs holding that merely complying with FCC signage rules does not mean the installation was hazardous and that the plaintiffs introduced insufficient evidence of harmfulness. He also relied on the federal statutory scheme where wireless installations of this type are favored. The Court read the condo documents as authorizing this "slight use" which "does not substantially interfere" with the use of the roof. NYLJ, July 16,2010, p. 26, col. 2, Sup. Ct., NY County, York, J.

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