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Posted by don on February 06, 2000 at 11:42:54:

In Reply to: Re: LANDLORD DUTY re NOISY NEIGHBORS posted by John on February 03, 2000 at 12:41:36:

: No, please recognize that landlords are limited in power in NY to evict and in threatening tenants. There is a Division of Noise Control that takes noise complaints but it is little more then a joke. Your best option are the police and they hate noise complaints, they consider them a waste of time and it makes them feel like they are little more then refs. They often do not show. However, if the problem persist a landlord can try eviction and/or send a notice to evict and a letter stating why the eviction is taking place. While there are clauses that allow a landlord to convict for a disruptive tenant it is difficult to prove, costly and next to impossible to evict, so why would a landlord do it, unless they themselves had to put up with the noise? It is harder to pry a leach from your butt crack with a wet noodle then it is to evict a tenant in New York, particularly on such subjective grounds as noise. For instance what is noisy? Are they snoring too loud? Or is it just their choice of music? In conclusion you cannot hold a landlord responsible for someone elses rude behavior, particularly when they are powerless to evict. I recommend trying to work something out with the offender.
: Good Luck
: John

I have been having a problem with the tenant below me since I moved in to my apartment over one and a half years ago. I live in a non rent stabilized apartment in NYC. the tenant below has been complaining about noise since the first day I moved in. I received my first written complaint on the third day of living there. the tenant before me had lived there for fifty years and the entire apartment floor had been covered in cork tiling, which apparently absorbed alot of the sound.The prior tenant before me was also an elderly woman in her 8o"s. The apartment had been entirely gutted prior to me moving in and had brand new herringbone patterned hardwood floors installed, which do not absorb any sound. This renovation process took over 5 months and was quite noisy

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