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Noise problem

Started by Ivan
almost 6 years ago
Posts: 1
Member since: Feb 2017
Discussion about 456 Grand Street #2A
Advice from current tenant: do not move to his apartment until you have made sure that the landlord dealt with the massive noise issue. The kickboxing gym downstairs will play very loud, heavy-bass music that will make your furniture vibrate. The punch bags are also loud, and you will hear the screams in the apartment. They are utterly dismissive of any request to lower the volume, and the landlord did not do much to help in the year we lived there. Just a heads up.
Response by George
almost 6 years ago
Posts: 1327
Member since: Jul 2017

You stayed full year with that? Seems you would have grounds for demanding termination of the lease because the conditions violate the warranty of habitability / quiet enjoyment. Also the NYC noise code specifically addresses this issue. A noise consultant can take measurements.

"Sometimes residents are disturbed by pervasive bass sounds that resonate and can be felt physically by a person. Bass sounds measurements are weighted in the “C” scale and may not exceed 6 dB(C) above the ambient sound if the ambient sound is greater than 62 dB(C)."

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Response by 30yrs_RE_20_in_REO
almost 6 years ago
Posts: 9877
Member since: Mar 2009

You would be shocked at how hard it is to get any relief from noise issues in NYC. Even after you are successful in obtaining a Court Order.

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Response by George
almost 6 years ago
Posts: 1327
Member since: Jul 2017

This seems like a rather clear habitability issue. Personally I would have done the NY thing and involved counsel. BTDT.

"If severe noise is keeping you up at night or preventing you from enjoying your home, the noise may present a violation to your warranty of habitability. You can start by notifying your landlord of the issue. Your landlord may be able to better soundproof the apartment or work with the offending neighbor to correct the issue.
If your landlord does not take action, then you may need to escalate the issue to court. It is important to note that New York courts have previously held that those living in an urban environment are expected to tolerate a certain level of noise. Ordinary noise is therefore rarely actionable, but excessive noise may be."

https://realestateplanninglaw.com/lawyer/2018/03/21/Real-Estate/The-Warranty-of-Habitability_bl33449.htm

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Response by George
almost 6 years ago
Posts: 1327
Member since: Jul 2017

PS, to be clear, the lawyer would be sending letters to the landlord AND the gym threatening legal action, but really you'd be threatening the landlord with a lawsuit to recover your broker fees, application fee, and moving expenses.

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Response by 30yrs_RE_20_in_REO
almost 6 years ago
Posts: 9877
Member since: Mar 2009

And you'd probably be laying out >$100,000 in legal fees to recoup what?

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Response by George
almost 6 years ago
Posts: 1327
Member since: Jul 2017

Baloney. Sending the letter is usually enough, and the retainer is a couple thousand. Goal is to get out of the lease and go somewhere else without penalty.

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Response by multicityresident
almost 6 years ago
Posts: 2429
Member since: Jan 2009

We need stories where the system George describes actually worked because I have heard more stories where it did not. The “BTDT” comment from George suggests that he has an actual experience where this worked and we’d all benefit from hearing it. Was the landlord corporate or individual?

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Response by George
almost 6 years ago
Posts: 1327
Member since: Jul 2017

Without being too precise... Individual landlord in Manhattan condo. Discovered the issue shortly after taking possession but before moving in, which helped since we could credibly claim it was uninhabitable. Ended up not needing a lawyer or professional inspector but I lined them up and documented the issue myself with less than $100 of equipment. Landlord was convinced we would be horrible tenants and couldn't wait to get rid of us... refunded all our $$ to avoid the lawsuit. Only time in my life that I've ever had anything but a great LL/tenant relationship.

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