Is there any legal or other recourse against a noisy neighbor? The neighbor is a long term renter who seems to be running an after hours recording studio in his relative's apartment. The relative is sick and disabled but doesn't seem to mind the noise. He intermittently turns the volume up, down and off (likely for purposes of "playback") so he is difficult to 'catch' in the act, ie if the police... [more]
Is there any legal or other recourse against a noisy neighbor?
The neighbor is a long term renter who seems to be running an after hours recording studio in his relative's apartment. The relative is sick and disabled but doesn't seem to mind the noise. He intermittently turns the volume up, down and off (likely for purposes of "playback") so he is difficult to 'catch' in the act, ie if the police are called.
His 2 windows that face the airshaft seem often to be open. The sound goes directly into the bedroom of our apartment. We have written him many notes, offered to help purchase soundproofing material, and numerous times described the effect on my girlfriend, who is our apartment owner. We have told the board, and the building manager. The super and the board have told us to stop writing notes to him: suggesting that we are harassing him.
When the building manager is involved he gets worse. The neighbor turns the volume up vindictively. There is one board member who talks to him and is friendly with him, and that sometimes helps. It only helps, however, if the board member is informed by my girlfriend that she is considering suicide. My girlfriend has a degenerative health condition for which a lack of sleep has devastating consequences. At the moment, she feels too fragile to make this known (but has given me permission to state anonymously on this board to get help.) We continue to emphasize to that board member her physical vulnerability to the sleep disturbances. Still no change. I do believe that the board member is talking to him, but that he doesn't really care unless extremes are invoked.
The other units that face the air shaft are also mostly held by long term renters. When asked about noise, they say they can't hear anything, likely out of solidarity. However it's possible to hear the upstairs neighbor (also disabled) wake up agitated in coincidence with the music.
My girlfriend is on very good terms with the board. She is also about to put the apartment on the market. Our preference is to take action directly against the neighbor rather than the board. I'm wondering what our options are, or if anyone on here can advise us. Thanks in advance.
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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007
Sell and run. You do not want any official complaints to harm your planned sale. Or get citiquiet sound proof windows.
It will be difficult to take action against a sick and disabled owner when the noise is difficult to catch if the police comes. Is the noise making apartment rent stabilized?
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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007
Also, if the noise making activity is say between 7am and 9pm, your girlfriend’s (who is the owner) complaints will get less sympathetic hearing when others neighbors are not complaining. So better to soundproof your apartment or move.
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Response by David2016
over 6 years ago
Posts: 110
Member since: Feb 2016
Thank you for your reply. The apartment is not rent stabilized. It is low rent because they have been there 10 years. I believe their rent was raised substantially last year. There is a new board president who is unlikely to raise it again however.
Would citiquiet windows truly help? Do you know how much they are? The sales process is likely not to be super fast.
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Response by David2016
over 6 years ago
Posts: 110
Member since: Feb 2016
The complaint is for the period 11pm- 6AM. The sound intensifies after hours. Board members appear sympathetic. They are not pro-active. At one point they offered us mediation which we accepted but it never happened. Around that time we made them aware of the crisis, and all the noise ceased for 4 months. We then went away. When we came back 6 months later, he was back at it.
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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007
Citiquiet will certainly help a lot if you are getting the noise through the window. The price varies greatly depending on your existing window size and style, but if you call them, they will give you an indication.
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Response by David2016
over 6 years ago
Posts: 110
Member since: Feb 2016
Thanks - I will check it out!
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Response by stache
over 6 years ago
Posts: 1298
Member since: Jun 2017
You should discuss this with a lawyer. It sounds difficult if not impossible to evict the tenant as I am presuming the leaseholder is over 62? I went through this in my old rental building.
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Response by 300_mercer
over 6 years ago
Posts: 10570
Member since: Feb 2007
Stache, Nothing will happen in an HDFC building to “sick and disabled” renter. Noise complaints are very difficult to address legally even without the “sick and disabled”.
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Response by David2016
over 6 years ago
Posts: 110
Member since: Feb 2016
I think she is in her 50s. We don't want to evict her. I want him to not be allowed to stay with her, or for him to follow the rules when he does.
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Response by pw036
over 6 years ago
Posts: 36
Member since: Feb 2017
Re-reading the original post I don't see any reference to HDFC. Also OP said "apartment is not rent stabilized ... there is a new board president who is unlikely to raise it again however" however it's not up to the board president to raise the rent, but most likely the original sponsor that still owns it. Even if not evicted, landlord could choose not to renew the lease if current tenant is a problem.
pw036 - the building does in fact own this unit, and the board decides on rent increases with respect to the units owned by the building. Also, yes, it is an hdfc, as 300_mercer noted ^^
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Response by stache
over 6 years ago
Posts: 1298
Member since: Jun 2017
Your best bet is selling or the Citiquiet type windows as previously suggested. You would have to figure out if she is certified disabled plus it's possible the noisemaker is her attendant.
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Sell and run. You do not want any official complaints to harm your planned sale. Or get citiquiet sound proof windows.
It will be difficult to take action against a sick and disabled owner when the noise is difficult to catch if the police comes. Is the noise making apartment rent stabilized?
Also, if the noise making activity is say between 7am and 9pm, your girlfriend’s (who is the owner) complaints will get less sympathetic hearing when others neighbors are not complaining. So better to soundproof your apartment or move.
Thank you for your reply. The apartment is not rent stabilized. It is low rent because they have been there 10 years. I believe their rent was raised substantially last year. There is a new board president who is unlikely to raise it again however.
Would citiquiet windows truly help? Do you know how much they are? The sales process is likely not to be super fast.
The complaint is for the period 11pm- 6AM. The sound intensifies after hours. Board members appear sympathetic. They are not pro-active. At one point they offered us mediation which we accepted but it never happened. Around that time we made them aware of the crisis, and all the noise ceased for 4 months. We then went away. When we came back 6 months later, he was back at it.
Citiquiet will certainly help a lot if you are getting the noise through the window. The price varies greatly depending on your existing window size and style, but if you call them, they will give you an indication.
Thanks - I will check it out!
You should discuss this with a lawyer. It sounds difficult if not impossible to evict the tenant as I am presuming the leaseholder is over 62? I went through this in my old rental building.
Stache, Nothing will happen in an HDFC building to “sick and disabled” renter. Noise complaints are very difficult to address legally even without the “sick and disabled”.
I think she is in her 50s. We don't want to evict her. I want him to not be allowed to stay with her, or for him to follow the rules when he does.
Re-reading the original post I don't see any reference to HDFC. Also OP said "apartment is not rent stabilized ... there is a new board president who is unlikely to raise it again however" however it's not up to the board president to raise the rent, but most likely the original sponsor that still owns it. Even if not evicted, landlord could choose not to renew the lease if current tenant is a problem.
https://streeteasy.com/talk/discussion/44876-question-about-appraisals
pw036 - the building does in fact own this unit, and the board decides on rent increases with respect to the units owned by the building. Also, yes, it is an hdfc, as 300_mercer noted ^^
Your best bet is selling or the Citiquiet type windows as previously suggested. You would have to figure out if she is certified disabled plus it's possible the noisemaker is her attendant.