Questions about noise
Started by David2016
almost 8 years ago
Posts: 110
Member since: Feb 2016
Discussion about
I have a neighbor across the air shaft but in the same building who often starts his parties at 1AM. They might be home concerts or recording sessions, or small gatherings. His voice is loud and aggressive, somewhat pedagogical, and often the music is too loud to sleep. Sometimes the gathering is by the windows which he never seems to close. He doesn't formally live in the building. He has an aunt... [more]
I have a neighbor across the air shaft but in the same building who often starts his parties at 1AM. They might be home concerts or recording sessions, or small gatherings. His voice is loud and aggressive, somewhat pedagogical, and often the music is too loud to sleep. Sometimes the gathering is by the windows which he never seems to close. He doesn't formally live in the building. He has an aunt who leases. But they have resided in the building for decades and their ties seem to run deeper than mine. I've complained to both the managing company and the board. I'm friendly with about half the board members, but at least one member finds it problematic that I contact management. And indeed it does seem to make him more hostile, if I were to measure that in volume. Sometimes when I write to the portion of the board I'm friendly with, the music miraculously stops. Not tonight though. He has gotten louder. I have health issues that are prone to degeneration if I can't sleep. I've explained this repeatedly. I've been thinking about getting a letter from my physician but I'm worried about putting this in the minutes because I plan to put it on the market fairly soon. What are my options? I don't really want to sue the board or the building. Is there anything I'm not thinking of? [less]
Call 311. Casually mention to the friendly board members whether this is what they want you to do. Be prepared for some hostility from the board but they are not helping you. Call the aunt when the music is too loud wherever she lives.
Also, the neighbors above or below much hear something through the airshaft. See what they say.
All the neighbors above and below are renters. The shareholder below me uses his apartment for airbnb, and above me the person is hard of hearing. Above him is also a renter, not sure abut below. I've been told I'm not allowed to speak to them directly. I've called 311 in the past but it doesn't make any difference.. The board has said they will offer mediation but it never happens.
Keep calling 311. See what info is available on nyc.gov. There are noise standards for NYC and at some point you may need to hire a noise consultant to test db levels in your apt.
Sorry you are going through this. What a crappy neighbor.
You mention you are planning to put the unit on the market soon - something to keep in mind is that if you lodge a formal noise complaint with the board it will be noted in the minutes and be discovered during due diligence, especially if the complaint is recent.
That said, you have the right to quiet enjoyment of your dwelling. Calling 311 probably won't cut it in this situation. The best way to handle this is with a formal complaint in writing to the board, ccing mgmt. You should keep a log of when the noise occurs, and for how long, and also record it on video. Look at your proprietary lease (which will have specific language about noise and objectionable conduct) and cite relevant parts.
Again, though, if you are planning to sell within the next two years you may want to avoid making the formal complaint as it will be documented and may turn off a buyer.
Oh and a couple of things to note - you say your neighbor is the relative of someone who 'leases'. Is this a co-op? And is the aunt a shareholder or a tenant? These are important things to find out because if the aunt is a shareholder or a subtenant of another shareholder then your neighbor may not even have the right to occupy the unit.
Also, you mention several times that you are 'not allowed' to speak to this person or that person, and that the board finds it 'problematic' that you contact the managing agent. All of this is BS. Do not allow yourself to be bullied.
If you plan to sell your unit in the near future, you may want to deal with the noise and not have any indication of such reflected in the minutes.
Thank you all for your comments.
I will take a look at my proprietary lease. I like the idea of getting the db levels tested as well.
You can record decibel levels yourself with a smartphone app and sent the data in your next communication to the board with references to what decibel levels your data is similar to (rock concert, 60 mph traffic, whatever).
Thanks, I'll check it out.
Well if he's starting parties at 1 am he's probably sleeping at 1 pm.
I'd host loud early saturday college football parties.
Its not passive aggressive, its just something to offer in a trade. :)