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victorfox, I understand perfectly well how difficult it is to extract an undesirable tenant. I'm simply addressing the OP's question on her specific problem. No more no less. If there is a previous court case with this person then that needs to be used against her plus current evidence and the LL has to take the lead. If you and Lamontnow want to get on a soap box about how you've been corn holed by Rent Stab. laws fell free to start your own thread. Stop bogarting her's and give some practical advice. Better yet take a bus to Albany and picket the capitol.
victorfox, I understand perfectly well how difficult it is to extract an undesirable tenant. I'm simply addressing the OP's question on her specific problem. No more no less. If there is a previous court case with this person then that needs to be used against her plus current evidence and the LL has to take the lead. If you and Lamontnow want to get on a soap box about how you've been corn holed by Rent Stab. laws fell free to start your own thread. Stop bogarting her's and give some practical advice. Better yet take a bus to Albany and picket the capitol.
Well your suggestion of suing the LL to force him to do something doesn't sound to kosher to me especially if the LL's OP mentioned that the LL did everything in his power to remove the tenant. No one likes to get sued. I certainly wouldn't want a tenant to sue me because some ghetto loud tenant is a nuisance that is beyond my legal control. If the rent stabilization law didn't have such a provision that automatically gives the tenant the right to renew, then the undesirable tenant would of been gone along time ago because I would of never renewed their lease. Instead of going that route, I now have to hire a lawyer, gather evidence, talk to tenants and convince them to band together to remove the tenant, so forth and so on...blah blah blah. Its just ridiculous the length you have to go through to get a tenant evicted or a lease not renewed. Simply amazing! Damn LIBERALS and their laws!
In this case victorfox the OP should sue the LL especially since the LL knew there was a problem tenant next door. If anything the LL has misrepresented the apartment in order to simply make money. How can the LL cry "I'm a victim too! Oh by the way where's my rent?"
Like I said before tenants can't sue other tenants for a breach. At the very least the OP, with some evidence, police reports, DEP violations etc., could sue for partial constructive eviction and get a hefty rent reduction or stipulate with the LL to begin again, in good faith, to proceed against the noisy tenant, that's the deal I would try to make.
In this case victorfox the OP should sue the LL especially since the LL knew there was a problem tenant next door. If anything the LL has misrepresented the apartment in order to simply make money. How can the LL cry "I'm a victim too! Oh by the way where's my rent?"
Like I said before tenants can't sue other tenants for a breach. At the very least the OP, with some evidence, police reports, DEP violations etc., could sue for partial constructive eviction and get a hefty rent reduction or stipulate with the LL to begin again, in good faith, to proceed against the noisy tenant, that's the deal I would try to make.
You seem to know a lot about the law on how to "deal" with a Landlord. What are you, some undercover Tenant Advocate?
Instead of suing the LL, I suggest the OP band together with the LL and sue the hell out of the Rent Stabilization system for not allowing the LL the freedom to remove an undesirable tenant by ways of NOT renewing the undesirable tenant's lease once it expires. As a result, the OP tenant can not enjoy her apartment in quiet, peaceful manner which she is entitled too. The blame is solely on the Rent Stabilization system NOT the LL as the LL has no way of knowing or predicting the future of a tenant turning out to be a nuisance by playing loud music.
My advice has been specific to the OP's question. You on the other hand have bogarted the thread to fit your soapbox diatribes about the evils of RS, knee jerk defenses of any LL without knowing anything about this specific one, and suing the RS/RC board. How does that help OP solve her problem? I don't disagree with you about the abuses of RS, however it is naive and intellectually lazy to demand elimination of RS in NYC. You know it will never happen. There is a hell of a lot more renters then landlords that vote.
Regarding an alleged hatred of landlords: I could care less. I think this one misrepresented the apartment and now stands back, claiming he's a victim too, while his good tenant suffers and defends him. Sounds like a case of Stockholm syndrome.
I agree with the above. Formal writing to her and the landlord. Calls to 411 each time it bothers you so there is a record on file. And then if all else fails, tell the landlord you will stay if he cuts of $250 a month in rent (or whatever it's worth to you.) It may work in your favor at the end.
Maybe have the landlord install sound-proofing in the walls too if you really want to stay.
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