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I'll try to keep this as succinct as possible. For the last year or so our upstairs neighbors have been terrible, regularly playing loud music past 1am, vacuuming at 2am, and letting her kids stomp around at all hours (sometimes past 3am, even on school nights). My wife and I have been more than patient, we also have children and realize kids are just noisy sometimes, however things have gotten completely out of hand and no matter how many times we speak to the neighbor the issues persist.
Fast forward to last week and we were informed by the apartment manager that the neighbor presented a medical note granting her a "medical accommodation" that basically gives her free reign to make any and all noise she wishes, at any hour of the day. My questions are, 1) has anyone ever heard of such an accommodation? It seems absurd but the manager told my wife there is nothing she can do since the neighbor presented a doctor's note, and 2) can someone's medical accommodation be challenged? I don't want to be a jerk but it seems completely unfair that someone's accommodation would be allowed to put such a burden on someone else.
Any insight is greatly appreciated. I've tried doing some research but have thus far come up empty handed.
2. Yes, I definitely think it can be challenged, but your apartment manager does not care enough to do it. This is absurd. What sort of medical condition requires everyone else to put up with such things? You have a right to the peaceful enjoyment of your own home per both common law and statutory law. No doctor has the right to override city ordinances on noise and the laws that protect your right to the quiet enjoyment of your home.
Mike, I would start by speaking to your NPO (neighbourhood police officer), and if his/her answers are not satisfactory, speak to your precinct's sergeant because that is the fastest route to some guidance on your city's noise ordinances.
Of course, speaking to a lawyer would be helpful, and I recommend you contact your area's tenant's association as well as a lawyer who works in landlord/tenant law.
Good grief, some of the things I have heard here are just unbelievable. Your neighbour's rights end where yours begin, but I think you have to figure out if it is worth a fight or if you would be better off moving. Believe me, I realise moving is not an easy option at all, but it might be the best option in some cases.
Please let us know what you find out and how things progress. I wish you all the best as I sit here typing this at 2:33 a.m. whilst listening to the drug using young men in the apartment below me with a base thumping and them roaring like this was the NBA finals in the last 3 seconds of the game in triple overtime with a tied score. Heaven preserve us....I do not know what the world is coming to anymore..... I will be moving once my lease is ended in another six months. I do not know where one goes anymore in order to escape these sorts of people.....
Last edited by PhinneyWalker; 04-02-2023 at 01:36 AM..
Get a note from YOUR doctor that you need quiet between 10PM and 6AM.
I am laughing, but you make a very good point. There has to be balance. Mike's neighbours's rights end where his rights begin. As I said above, I do not think his neighbour can get away with this. I think the apartment manager wants to rollover with "nothing I can do about it" because it is easier than addressing and resolving the problem. The less work she has to do, the less effort she has to expend, the better for her. She is not concerned over Mike and his family's loss of peace and quiet in their home.
ETA: Mike, if I were you, I would ask to read the doctor's letter. The manager will likely say no, but I would ask. There is an excellent argument to be made that it affects you and your family, and you have a right to know more than what you have been told so far. What is happening here is you are taking the word of the manager, and she may be totally misinterpreting/misunderstanding the letter. After all, that job does not require a Ph.D. in anything, and I have never found these people to be the sharpest knives in the drawer.
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