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Posted by susan on May 16, 2000 at 10:40:33:

I am a rent stabilized tenant in New York City living in a third floor studio apartment that faces the small back court of a building. A few years ago the super (whose apartment is in another part of the building altogether) installed a basketball hoop and ever since then his kids have been using that area for playing basketball and other games. Since it is little more than an airshaft, the noise reverberates and comes right into my apartment. On occasion, they bring home friends from school for a group game ...and the noise level becomes even worse, making it impossible to talk on the phone or work or read in peace.

I have repeatedly complained to both the super and the landlord but the problem persists.The landlord has told me he would ask the super to "ease up" on the yelling but that the super has a right to be out there until 10 p.m.--Nothing has happened and in fact the noise seems to be getting louder and more frequent. Unfortunately, none of the other tenants in the affected line are complaining. What are my rights in this situation? What does the "quiet enjoyment"part of my lease really mean?? Will welcome advice.

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: I am a rent stabilized tenant in New York City living in a third floor studio apartment that faces the small back court of a building. A few years ago the super (whose apartment is in another part of the building altogether)  installed a basketball hoop and ever since then his kids have been using that area for playing basketball and other  games. Since it is little more than an airshaft, the  noise reverberates and comes  right into my apartment.  On occasion, they bring home friends from school for a group game ...and the noise level becomes even worse, making it impossible to talk on the phone or work or read in peace.

: I have repeatedly complained to both the super and the landlord  but the problem persists.The landlord has  told me he would ask the super to "ease up" on the yelling but that the super has a right to be out there until 10 p.m.--Nothing has happened and in fact the noise seems to be  getting louder and more frequent. Unfortunately, none of the other tenants in the affected line are complaining.  What are my rights in this situation? What does the "quiet enjoyment"part of my lease really mean?? Will welcome advice. 


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