Very noisy daycare in our rental building...

By the way, there is a playground just 1 block away. I'm hating these people now.

First of all, did you talk to the daycare operator?

The management company should know whether this courtyard use is within the terms of the lease. Reading between the lines it sounds like this might be an "in-home" daycare based in a residential unit, rather than a commercial lease. But regardless there must be some lease provisions or house rules on the use of common spaces, e.g. by residents and their invited guests (which would generally not include paid care clients). If a revision to the rules is needed, maybe a numerical limit on guests per resident in the common areas.

For additional complaint options, maybe try DHCR (e.g. infringing your interests as a tenant), or go to the appropriate child care regulator -- NYC Health Dept for ages 0-5 in commercial daycares, or NYS Dept of Health for small 'in-home' residential daycares as well as all school-age facilities.

Or hire an attorney to write your management/landlord a stern letter regarding the ways the daycare usage prevents other tenants(you and your kids) from enjoying the space too, thus depriving you of something you are entitled to via your lease. I would not recommend threatening or filing a lawsuit, this is too marginal a disruption to really get far. But attorney letters do get attention if you feel it's worth that. If others feel similarly, share the cost...

uptown_joe, this is what the management company said:
* We’ve told them time and time again that they cannot use the courtyard for the children in the daycare.
* The only space that they can use is their apt for the daycare not the courtyard or common areas.

Too things we did in a similar circumstance. We fined them every time they used the garden/courtyard; the fines escalated with ever occurrence. The fines were added to their rent. Later the courtyard was locked 24 hours/day to keep other commercial renters out. If a resident wanted access, the doorman/concierge buzzed them in.

What neighborhood is this in?

fieldschester: Uptown Manhattan.

jelj13, the landlord wants to do something similar, but lacks visibility of the occurrences (the management company's office is just 1 block away, but this is a private internal courtyard, half of the apartments face to it). I will be reporting to the management company the violations so that they can use fines like you did or something similar.

Is there a form I can report them for nuisance to the DHCR based on "chronic disruptive noise may constitute a legal nuisance for which court proceedings are available"? The landlord really wants me to get this done to help out solving it. They are really fed up of them too, but seem to not being able to do anything without tenant's help. Reporting to 311 seems to be useless.

jelj13 THANKS! This is really helpful, were they also rent stabilized like those in this case?

Wondering if it's legal to add a fee. We have a 24/7 doorman, so the management company could also implement the buzzing system instead of key and not give access to those running the childcare.

I'm pretty sure you can't exclude one RS tenant, by buzzer access or other means.

You might be able to implement a building-wide rule that no more than 3 guests can use courtyard at specified times (e.g. M-F, 6a-6p). Then video-document violations (with day/time-stamp) and email to mgmt office.

NYS laws regarding daycare in rentals/coops are outrageous.

ok good to know notadmin. Still need more info before determining if some courses of action are available to you or not. Without being specific - so this is just simply a Yes or No question - the children in question, are they of the same ethnicity and/or religion as you?