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Old 07-21-2009, 12:11 PM
 
7 posts, read 104,343 times
Reputation: 28

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Hello everyone,
I wanted to know if anyone could give me advice about my noisy neighbor situation, OTHER than moving, because that is not an option right now. The people who live in the apartment above us are extremely noisy. From what I know, there are several children and single mother living there, one of her teenage children had a baby recently so the noise levels are even more disturbing. The kids rollerskate, play basketball, Wii, wrestle, etc all ALL times of the day. The mother constantly argues with her boyfriend, and the kids. There is also the mu sic which is played throughout the day, EXTREMELY loud...my room vibrates. We have gone up there a couple of times, very politely, to ask them to stop so they are aware that we have a problem with the noise. We have called the management company and they have said that they would contact them, but I doubt the have. When one of the building managers came to our apartment for an "inspection" we told him again about the noise, there was even noise going above my room at the time. When I invited him to hear it, he seemed disinterested. It was as though he didn't want to witness the problem...so he didn't have to be part of it. He told us to contact 311. 311 has been a joke, non-emergency response can be 8 hours after the problem was reported! When I checked the status of one report it stated that when the police arrived to the apartment there was no noise, but at the time they had allegedly gone to the apartment the music was BLASTING!! Another report showed that the police came three hours after the noise was reported, there was no music being played then. Another report stated that the police couldn't enter the building!

I've been keeping a log of their noise for almost two weeks. For the past two days the music has begun around 10PM, and last night it didn't end until 2:30 AM. I have to get up to go to work at 4AM...so I've been miserable.

Is there ANYTHING we can do legally about this issue? Any advice is appreciated!
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Old 07-21-2009, 12:18 PM
 
Location: Home
1,482 posts, read 3,126,817 times
Reputation: 624
Well, I would start videotaping it or recording it. Cameras can do it.

I would also get the local precinct's number so you can call them directly and have them send someone out.

I don't know if you can do much about this during the day, but I think there ARE ordinances preventing loud stuff at night.

It all depends on how loud they really are. I am not saying that you are wrong in this, but if you are not used to living near people, the adjustment can sometimes be very difficult. I would reserve the times you confront them to ones where everyone can agree is a bad time for noise, such as after 10 or so at night. Any other time will not get you as much sympathy or cooperation....

GL.
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Old 07-21-2009, 12:53 PM
 
Location: LES & Brooklyn
1,209 posts, read 2,929,858 times
Reputation: 1242
Start by contacting your landlord/management. Write them letters. And send both letters to tenants and to management so that they both are aware of the compaints. Be sure to ask management for a follow-up to the complaint. I have written several letter's for my mother about the same thing. Come to find out, they where illegal renters. Now the actual owner of the apt. is now facing eviction.
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Old 07-21-2009, 01:11 PM
 
7 posts, read 104,343 times
Reputation: 28
Quote:
Originally Posted by Ninjahedge View Post
Well, I would start videotaping it or recording it. Cameras can do it.

I would also get the local precinct's number so you can call them directly and have them send someone out.

I don't know if you can do much about this during the day, but I think there ARE ordinances preventing loud stuff at night.

It all depends on how loud they really are. I am not saying that you are wrong in this, but if you are not used to living near people, the adjustment can sometimes be very difficult. I would reserve the times you confront them to ones where everyone can agree is a bad time for noise, such as after 10 or so at night. Any other time will not get you as much sympathy or cooperation....

GL.
Thanks for your response, I never thought about recording anything...I will look into it. I've actually lived in apartments all my life, so I'm used to living around people and the typical noises associated with living in apartment building, but their noise is EXTREME. Sometimes I can't believe that people can just be THAT rude and inconsiderate.
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Old 07-21-2009, 01:14 PM
 
7 posts, read 104,343 times
Reputation: 28
Quote:
Originally Posted by ShayLove View Post
Start by contacting your landlord/management. Write them letters. And send both letters to tenants and to management so that they both are aware of the compaints. Be sure to ask management for a follow-up to the complaint. I have written several letter's for my mother about the same thing. Come to find out, they where illegal renters. Now the actual owner of the apt. is now facing eviction.
I will start writing letters to management, would you really advise giving them to the neighbors as well though? They just seem like the type that would make MORE noise...and cause more problems.
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Old 07-21-2009, 02:41 PM
 
Location: LES & Brooklyn
1,209 posts, read 2,929,858 times
Reputation: 1242
I did. Sent it certified returned receipt right upstairs. Its been (and continuing) to be a nightmare for my mother. The management may question if you notified the tenant or not. And your turn-out would be YES! CC. them right in your Letter!
Either way your going to be hated on by them. For either going to the management behind their backs or, standing up to them an formally complain. Either way they gonna be peaved.
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Old 07-21-2009, 03:48 PM
 
Location: Boise, ID
8,046 posts, read 28,481,404 times
Reputation: 9470
Quote:
Originally Posted by BxNYC81 View Post
Hello everyone,
I wanted to know if anyone could give me advice about my noisy neighbor situation, OTHER than moving, because that is not an option right now. The people who live in the apartment above us are extremely noisy. From what I know, there are several children and single mother living there, one of her teenage children had a baby recently so the noise levels are even more disturbing. The kids rollerskate, play basketball, Wii, wrestle, etc all ALL times of the day. The mother constantly argues with her boyfriend, and the kids. There is also the mu sic which is played throughout the day, EXTREMELY loud...my room vibrates. We have gone up there a couple of times, very politely, to ask them to stop so they are aware that we have a problem with the noise. We have called the management company and they have said that they would contact them, but I doubt the have. When one of the building managers came to our apartment for an "inspection" we told him again about the noise, there was even noise going above my room at the time. When I invited him to hear it, he seemed disinterested. It was as though he didn't want to witness the problem...so he didn't have to be part of it. He told us to contact 311. 311 has been a joke, non-emergency response can be 8 hours after the problem was reported! When I checked the status of one report it stated that when the police arrived to the apartment there was no noise, but at the time they had allegedly gone to the apartment the music was BLASTING!! Another report showed that the police came three hours after the noise was reported, there was no music being played then. Another report stated that the police couldn't enter the building!

I've been keeping a log of their noise for almost two weeks. For the past two days the music has begun around 10PM, and last night it didn't end until 2:30 AM. I have to get up to go to work at 4AM...so I've been miserable.

Is there ANYTHING we can do legally about this issue? Any advice is appreciated!
Very first question... are you 100% certain where the noise is coming from? If there are multiple apartments, you could get an innocent bystander in trouble. Noise can do funny things. We had one tenant who complained about loud music from another tenant who didn't even own a stereo or any sort of loud speakers. Turns out, it was coming from 3 doors down.

Second, I'm assuming that noise levels aren't addressed in your lease, as you didn't mention it.

If it isn't addressed in your lease, which it often is not, then normal living noise during the day is normal, expected, and something you just have to put up with as a tenant. Its one of the downsides to renting. That would include noise made by children playing. It would include music up to the legal volume allowed by your city code. Unless the music is louder than that (the allowed volume can be pretty loud, even up to jackhammer volume in some cases), you can't do anything about the daytime noise. However, if your city code says something more restrictive than that, you can adjust accordingly. If, for example, it says what my city code says, which is

It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom is plainly audible within any place of residence not the source of the sound.

then you could report the loud music at any time of day, if you can hear it clearly in your apartment. However, the kids playing, wouldn't be "any loud amplification device" so you would still have to put up with that.
We had a tenant who used to call us up a couple times a week and complain that the neighbors (who had teenage boys) were bouncing a ball in the house. I had to tell him that that is a normal volume of noise, and basically, we weren't going to do anything about it. He eventually moved, which was fine with us. Sounds harsh, but a LL is not a parent, we aren't going to babysit the tenants, as long as they aren't doing anything damaging to the unit, and aren't breaking any laws.

HOWEVER, loud noise in the middle of the night is illegal in most places. The police are obligated to show up, and issue citations if it is still going on. If "311" is your local non-emergency police line, call it every night that it happens. Look up your city code and see what "quiet hours" are defined as, and call each time they violate those hours. If they are having issues getting into the building, you need to have that conversation with them when you call, either meeting them, or having them buzz you for access, or whatever. That's about the best you can do.


My suggestion. Find your city code "NOISE" section. Print the appropriate pages, highlight, whatever. Put them on your neighbor's door with a note that says you will be calling the police whenever that law is broken. You probably can't be anonymous at this point, since you've already tried talking to them. Follow through by calling the police when it happens. Send another copy to your landlord along with a summary of how many times they have broken whatever that code is that you can think of recently. Your log will help there. Let them know you will be calling the police on your neighbor as long as they continue to break the law. They may not do anything still, but at least you have informed them in more detail what is going on.

Last edited by Lacerta; 07-21-2009 at 03:49 PM.. Reason: I hate auto-formatting
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Old 07-21-2009, 04:07 PM
 
328 posts, read 886,354 times
Reputation: 202
I am so sorry. I lived in a basement apartment before and I know exactly how you feel. Did you try speaking to them directly? People with children should only be allowed to live on the first floor. It sucks for both parties.
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Old 07-21-2009, 05:10 PM
 
Location: Pittsburgh's 'EAST SIDE'
2,043 posts, read 5,053,824 times
Reputation: 2673
OP, I'm very sorry that you're going through this. I've been where you are before, with me living on the 2nd floor and someone living above me and it was not fun. It was a house, turned into apartments. First floor, 2nd floor, 3rd floor. I dealt with the noise, for so long, without saying anything, that one day I had had enough and blew up at them, which caused SEVERE friction between me and my neighbors. They would do stuff on purpose after I blew up at them. I had to deal with it for 2 years because I was in no position to move, and apparently they weren't either, plus they were associated with our landlord somehow. I will give the landlord credit, though, he did make an effort to speak with all of us about the noise and everything and all the friction that was happening, and it did settle down, SOME, but they would still get on their little HIGH HORSES, at times and do stupid stuff on purpose just to be smart. It was mainly the dude's live-in GIRLFRIEND, who was causing all the friction and doing the dumb stuff on purpose.
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Old 07-22-2009, 05:29 AM
 
Location: brooklyn
197 posts, read 895,294 times
Reputation: 119
I think if you write letters to the management or landlord also if you have a tenants association get them involved. Now as far as the baby upstairs being noisy there is nothing that can be done about that. In the meantime as far as getting some sleep so you will be able to get up for work. Try looking into buying some comfortable earplugs I have used them and it has helped me sleep when road construction was being done in front of my house. Also if check on the internet for some very cheap and easy do it yourself ways to soundproof a room.
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