83-Year-Old Sued For Pooping In Luxury NYC Condo's Pool, Gym Shower

The administrators of a New York City condominium have accused one of their elderly tenants of defecating in the pool and shower of the building's fitness center, court documents showed.

Board members of the Rio Condominium and Spa on 304 East 65th Street alleged that one of the property's tenants, 83-year-old Helen Hirsh, breached her contract and acted as a "nuisance," according to a summons order that was shared by the New York Post.

Hirsh, who purchased her unit at the 39-story condominium in August 2020, repeatedly arrived for gym and pool appointments in the building's fitness center early, remained in the facilities after her timeslot ended and even requested more time, read the document filed in New York's Supreme Court (SC) Wednesday.

The elderly tenant also did not wear proper attire in the gym, did not shower before using the pool, did not sanitize gym machines after use and refused to wear a mask despite being required to do so on "numerous occasions," the condominium's board of managers claimed.

"[Hirsh] created a nuisance by failing to stay in her lane in the pool, spitting in the pool, yelling and making excessive noise when using the pool and gym and flooding the showers and locker room," they alleged.

Additionally, Hirsh was accused of defecating in the fitness center's pool and shower on August 20, 2021, which forced the Rio to shut down the pool and take the shower out of use so that they could be cleaned and sanitized.

Management repeatedly reminded Hirsh of her obligations to comply with the condominium's rules between January and April last year, but her behavior remained the same, the suit claimed.

Hirsh's access to the condominium's fitness center was suspended following the alleged pool defecation incident. It was reinstated on or about October 2021 but was suspended again on Feb. 14 as Hirsh’s "prior violative and nuisance behavior and conduct continued," according to the complaint.

Despite her suspension, Hirsh allegedly still continues to intrude into the fitness center and violate rules.

Hirsh allegedly also attempted to pressure building staff to grant her access on "numerous occasions," "frequently" arguing with them, shouting at them and demanding to be let into the fitness center.

This "interferes with the building staff's ability to perform their duties as their time is frequently spent dealing with Defendant and her erratic behavior," the Rio’s board members claimed.

In addition to pressuring the building's staff, Hirsh has trespassed into the apartments of a board member and the Rio's resident manager, behavior that is "completely inappropriate," Hirsh’s summons read.

Hirsh was later able to obtain an access code to the Rio's fitness center from a real estate broker and used the condominium's pool. She was asked to leave but refused and told staff to call the police if they wanted to remove her.

The staff did not call the New York City Police Department, but Hirsh later did after she left the pool.

In another trespassing incident, the Rio's fitness center sustained "permanent damage" after Hirsh caused flooding and damage from showering, according to the lawsuit.

Hirsh's most recent incident occurred at around 4:40 p.m. on April 1, which allegedly involved her forcing her way into the Rio's fitness center when another resident was exiting through the door.

Several of the condominium's staff attempted to escort her out, but she refused to leave again.

The Rio's board of managers is now asking for the SC to prohibit Hirsh from entering or occupying the fitness center. They are also seeking damages from her that will be determined at trial, as well as for their legal costs to be compensated.

"[Hirsh's] actions constitute a real, immediate and continuing threat to the safety and well-being of the unit owners and residents of [the Rio] as well as the Building's staff," the suit claimed.

Hirsh said she plans to countersue in response to the complaint, which she claimed was the result of her not always giving staff of the Rio a tip, the New York Post reported.

"I’m an old lady. Why should I tip you all the time? I don’t want to live here anymore," she said.