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Old 03-18-2013, 07:29 AM
 
14 posts, read 38,728 times
Reputation: 13

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Hi everybody!

I am relying on the collective wisdom of the forum folks. Have moved into a coop in White Plains in August, and ever since then cannot sleep or rest in my own place. The upstairs neighbors are impossible! Husband and wife (45-47 y/o) and 17 y/o daughter. They make all sorts of noise - stomping/ pounding with boots on the bare floor, moving/ tossing the furniture around. Did I mention it happens at all times of the day/ night - anywhere from 6 am until 2-3 am.*

I tried talking to them - the final response (after being ignored for a while) was to "put in the earplugs". The coop management company did not resolve the issue - sure, they scheduled the inspection to verify "80% floor covered with rugs" rule. However, the upstairs neighbors figured out the easy way to beat the system. They spread some rugs around, created proper appearance and passed the inspection. In a few days the rugs were rolled up and we are back to square one.

I do not get their resistance to being polite and proper neighbors - and I do not care why some folks have worse upbringing than the others. Long story short - I feel there is no option left but to retain an attorney and see what he/ she can do for me.

Has anybody in a similar situation retained an attorney they can recommend? Does anybody know a good lawyer that understands cases like this?
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Old 04-05-2013, 10:05 PM
 
14 posts, read 38,728 times
Reputation: 13
Come on folks - 120 views and no replies? Am I truly the only poor soul in Westchester suffering from noise harassment? I must believe at least one other resin out there went though a similar ordeal....
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Old 04-07-2013, 08:22 AM
 
1,594 posts, read 3,148,415 times
Reputation: 1585
What lawyer is going to take that case? Who are you going to sue and for how much? What can you possibly recover in damages? So that eliminates any lawyer who handles contingency fees. Especially since, as you say, they are in compliance with the law in that ground was covered by rugs.

As far as lawyers you have to pay by the hour, do you really want to give a lawyer a several thousand dollar retainer for something like this? It is going to have to a lawyer who is really hard up for money since people have a legal right to make whatever noise they want between 8:00 AM and 10:00 PM in most areas. No lawyer would feel good about taking $2,500 when they know they are just wasting it.

Try calling the cops if they make noise after 10:00 PM.
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Old 04-07-2013, 09:57 AM
 
Location: Where my bills arrive
13,221 posts, read 12,406,277 times
Reputation: 11923
If you are going to pursue this have you spoken with their neighbors to see if they are experiencing a noise issue? Having collaberating witnesses would make a stronger case to present to an attorney.
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Old 04-07-2013, 10:12 AM
 
581 posts, read 1,166,308 times
Reputation: 444
I want to know how this plays out. Please update this thread.
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Old 04-07-2013, 10:52 AM
 
Location: Bellevue, WA
1,488 posts, read 4,104,737 times
Reputation: 594
If you could record the noise and maybe show a TV or something with a date/time stamp in the background that might help your coop board. With that said, I doubt someone owns rugs and stores them for when the board shows up...it's just possible that they walk really heavy and don't give a crap.

I've come across those people. Whenever I've had a particularly obnoxious neighbor, I just fight fire with fire. If they stomp around at 2am, blast your surround sound against their wall as early as your board allows. Or brooms to the ceiling to help them rise and shine. Thank god I'll never share a ceiling or wall again in my life. I do not miss those days because it really is a crapshoot.
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Old 04-07-2013, 06:01 PM
 
1,594 posts, read 3,148,415 times
Reputation: 1585
Or this:



This



and this:
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Old 04-08-2013, 03:22 AM
 
Location: Brooklyn
71 posts, read 132,967 times
Reputation: 19
I don't think you have any real solution other than moving. Escalation might be satisfying in the moment, but is unlikely to solve your problem. Choose a top floor next time.
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Old 04-09-2013, 01:53 PM
 
14 posts, read 24,208 times
Reputation: 12
Quote:
Originally Posted by oriondream View Post
Hi everybody!

I am relying on the collective wisdom of the forum folks. Have moved into a coop in White Plains in August, and ever since then cannot sleep or rest in my own place. The upstairs neighbors are impossible! Husband and wife (45-47 y/o) and 17 y/o daughter. They make all sorts of noise - stomping/ pounding with boots on the bare floor, moving/ tossing the furniture around. Did I mention it happens at all times of the day/ night - anywhere from 6 am until 2-3 am.*

I tried talking to them - the final response (after being ignored for a while) was to "put in the earplugs". The coop management company did not resolve the issue - sure, they scheduled the inspection to verify "80% floor covered with rugs" rule. However, the upstairs neighbors figured out the easy way to beat the system. They spread some rugs around, created proper appearance and passed the inspection. In a few days the rugs were rolled up and we are back to square one.

I do not get their resistance to being polite and proper neighbors - and I do not care why some folks have worse upbringing than the others. Long story short - I feel there is no option left but to retain an attorney and see what he/ she can do for me.

Has anybody in a similar situation retained an attorney they can recommend? Does anybody know a good lawyer that understands cases like this?

I live in NJ, and every city, county and such have their own rules. In my city, you can go to the Municipal Court and file against the other party with no cost to you. In addition, you don't have to pay for an attorney because the prosecutor (who is paid from tax dollars), is essentially your attorney. After you file, both parties receive a Court date in the mail and when you arrive they place the parties in a room with a mediator and if you can't agree on a solution OR it's violated, you will then go before a judge who will issue his/her decision.

Having said that, IMO, a poster here was right on the mark, with this comical comment "brooms to the ceiling to help them rise and shine." Several years back, I had a problem when the tenant above me left his apt. to family members to check on while he was "away". They decided to move in and made the most noise ever between 6 am and midnight weekdays. It was virtually non-stop on weekends. I researched and noticed their patterns and schedules and realized what time they got up for work and when their monster teenager got up to prepare for school. Since I didn't have to get up for work, I set my kitchen alarm for varying times throughout the night and when I'd get up to shut the alarm off, I'd hit that ceiling with my broom in their bedroom area and the livingroom area where the teen slept presumably on a pull-out sofa which he banged against the floor upon opening, (for a bonus I would knock in a rap style beat). After I started to do that, it didn't take long for them to decide to move out and perhaps get a legal apartment of their own.
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Old 01-01-2016, 10:40 PM
 
3 posts, read 4,225 times
Reputation: 12
I live in Westchester, NY and I had the same problem with my upstairs neighbors who runs machines day and night. I complained to the management, the 80% carpet inspection was done, no improvement. Then, I complaint to the coop board, nothing happened. I complaint to the village code enforcement office, the noise became worse. I call the police, they came once and the next time they didn't even show up which I understand that my complaint is not a life or death situation. A friend of mine told me that there is no way to resolve such an issue even if I went to the village court. The village court, like someone above said, will schedule both parties to meet and I am sure, it will not be resolved as there is no proper law for such nuisance. Since the law enforcement entities could not resolve my problem, I took the law into my hands. I will not damage my celling to push a broom stick up nor set my alarm at all times. I love music and its ROCK music. The music systems I have has strong base (BOSE SYSTEMS). Just one blast of the base can get one a bad headache if he/she is not a ROCK music lover. I live in an 850 sq/ft 2 BR apartment and I own, 1 wave music system, 1Acoustic Wave® system II, with a Bluetooth music adapter, 2 cordless blue tooth speakers which picks up my radio station 104.3 from the Acoustic Wave System Radio. Imagine, my small apartment, it’s like a live show going on in it. My windows and doors are shut tight and the sound stays in. The music plays low in various rooms ( 1 system in my living/dining room, one in the kitchen and one set in my master bedroom. In my other room a regular mono Sony radio plays the same Rock Station (104.3). The only place that I don’t have a speaker is in the toilet. Imagine the noise penetrating through the wood flooring? I want them to call the police for the noise I make. Never. To date, when I'm home and I hear them open the machine, my music goes on. Next thing I hear, footsteps down the staircase leave the apartment. At night, one speaker will face a wall and play the " 7 Hours Mega Theta Meditation - Intense Theta brainwave entrainment with all theta binaural beats" on a very low volume. Once that Mega sound plays, I could hear footsteps, machines gets switched off. Hahaha.., the sound is so powerful that it travels around the walls with a low base sound (just right for the night entertainment). Oh, by the way I mediate with that 7 Hours Mega Theta so, it doesn’t bother me. That's the only way I got them to stop the damn machines. Try it, it works for me.

From my experience, retaliation is the only way to resolve the problems. As you see, I tried many ways nothing worked. My ROCK Music was the only solution to resolve my problem.
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