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I may be forced to leave my apartment

Friday, 10 June, 2011 - 12:41 am

I have been living in Manhattan for close to four years. I love my apartment and I love my building. However, this past week I had a serious problem. On Shabbat and festivals I never use the elevator, I always take the stairs. This past week the building management decided to start saving money and so they installed a sensory monitor for the lights in the stairwell. The lights are dimmed by default and when somebody walks into the staircase the sensor is alerted and the light becomes brighter. This is a major problem for a Torah observant Jew because according to the Torah one is not allowed to turn on lights on Shabbat and triggering automatic lights also falls under this prohibition.

To make matters worse, the building installed this monitor on the eve of the holiday of Shavuot. I immediately went to meet the building management and explained the problem. They apologized and stated that they had no idea about this Jewish rule and that the system was already in place and lacks an override switch. Apparently many building in Manhattan are switching to this system in order to save money.

There wasn’t enough time before Yom Tov to argue with them more intensively, so I began thinking about what to do.

Option number one was to find a way to keep the door propped open the whole holiday. Because the sensor is also sound sensitive, the noises coming from the hallway should theoretically have keep the lights on the whole time. Unfortunately, after I came home on the first night of Shavuot at 4:30 A.M. after fulfilling the custom to learn Torah until sunrise, I was dismayed to see that a neighbor had done me the “favor” of closing the door to the stairwell.

My second option was to run down the stairs so fast that the sensor wouldn’t pick up my movements. As fast as I am, let’s just say this option did not work.

My final option was to arrive in the staircase and wait for somebody to take the stairs before me and trigger the lights. I figured with fifteen hundred apartments and approximately five thousand people living in my building this should not have been a problem. Unfortunately for me, it turns out that most people actually use the elevator and not the stairs at all! Even more complicated, Torah law forbids from asking someone explicitly to go into the staircase for me. Finally, after a long wait someone decided to come down the stairs. This gave my companions and me a five minute window to run up the four flights of stairs to my apartment; more than enough time to do so.

Being that today is Friday, I am going to have to deal with this very situation again this evening. This time I have formulated a new plan of attack and will coordinate with my super and attempt to put tape over the motion sensors with the hopes of disabling them. Unfortunately, all of these solutions are only temporary and without a permanent fix, we will be forced to abandon our apartment. We love our building and don’t want to leave, but we are being left without a choice - wish us luck!

Shabbat Shalom

Comments on: I may be forced to leave my apartment
6/10/2011

Peter wrote...

Ask a lawyer. This may violate housing discrimination laws regarding religion. In failing to account for this expression of your religion, the building is effectively banning practicing Jews. .
6/10/2011

Rachel wrote...

I was wondering what floor you live on-? I think covering with tape is a fine solution and if you are not flipping the switch on yourself, my humble (American lawyer not practicing) opinion is that it is not as if you are actually using the electricity as you are not causing the light to come on by your action such as igniting a flame or flipping a switch- it is happening automatically - based on a pre-programmed machine.

Given your family and your liking your apt (in Manhattan no less!) I think you should stay! I do not think it is a Shabbat or yom tov violation.
I would love to hear what you decide?
6/10/2011

Ester wrote...

good luck. maybe it's time to return to israel? looking around, it seems that many people are being pushed to go back to the land. i will finally leave the U.S. this August.
Shabbat Shalom
6/10/2011

Jonathan wrote...

Rabbi, sorry to hear about this situation with the lights, let me know if I can be of assistance, theres got to be a remedy to this.
6/10/2011

Miriam wrote...

Dear Rabbi Vigler
If you like I can help you find a new apartment, since I am a real estate broker. Miriam 917 533 5454. Shabbat Shalom
6/10/2011

Susan Cohen wrote...

Shalom Rav: The lights should be your biggest problem! Just place a sign on the stairwell door, to leave the door ajar.


6/10/2011

Debby wrote...

Contact hpd and building dept to find out if it is legal to not have an overide switch (sounds fishy-what if there is a fire?)
6/10/2011

Alex wrote...

Dear Rabbi,
Not for nothing do they say: "S'iz shver tzu zain a Yid"... :)
Best of luck with your unusual and pesky dilemma - a country that found its way to
the Moon and even discovered (years later!) wheels on the suitcases and how to put on stamps without licking, surely can find a technical solution to such a problem without resorting to drastic measures like leaving the apartment you like.
6/10/2011

Sandra wrote...

Dear Rabbi Vigler,

i have an apt on 90th St. If you want to live here until you figure something out I would galdly leave. You do have to open the door with a key, there is no super. If that is not allowed then this also would not work.

I hope that you stay in the city.
6/10/2011

James wrote...

Rabbi,
While I have next to no knowledge of the laws you must follow, I may have a simple solution for you. You say that the motion detectors are sound sensitive. Perhaps a radio, or a CD player with some classical music, placed in the hallway prior to sundown, would solve your dilemma. You would be able to activate the device before the Torah law forbids you to use them, leave the device on during the said time period, and you would not be breaking any laws. Besides, who doesn't like classical music. It would be unobtrusive, and would not have to be left on loudly...just enough to keep the lights on. Again, as I said, I do not have a detailed knowledge of the Torah laws, but this would seem like a reasonable way to keep you in your apartment. If I am being naive to the law, then I apologize. Best of luck to you!
6/12/2011

Lisa wrote...

Hi Rabbi,
I wish I had a great solution for you. I could only imagine how it must feel. I wish you luck talking to your super and I hope you do not have to leave. There must be something that could be done. We all need to put our heads together and come up with some sort of a idea.
6/13/2011

Bryan wrote...

I'm sorry to hear about your dilemma and wish you success in finding a solution