New York Times Ask Real Estate, January 10, 2015
Living Under a Ruckus
Our co-op uses the standard New York City lease form that requires tenants to cover 80 percent of their floor space. Have the courts interpreted that provision to make it clear that the coverings should be a type that limits noise? My upstairs neighbors have put down mats, but that does nothing to muffle the noise of two hyperactive kids who run from one end of the apartment to the other, and jump and drum on the floor from before 7 a.m. until after 10 p.m. and several times a night. I installed acoustic ceilings so I do not hear their yelling or television, but I still hear blows and tramping on the floors. Do the neighbors have to do more to comply with the proprietary lease?
Brooklyn Heights, Brooklyn
The neighbors upstairs would certainly benefit from padded floors, but getting that accomplished might be a headache. City rules about carpets are thinner than the coverings themselves, as the city has no laws governing floor coverings in residential apartments.
“This is one of those urban legends,” said Dean M. Roberts, a lawyer who represents condominium and co-op boards. “Everyone thinks there’s a city law about carpets, but it’s not a law, it’s a lease requirement.”
Leases, both for co-op shareholders and rental tenants, generally address how much floor area needs to be covered, not the thickness of the carpets. Carpets aside, a co-op’s house rules usually address noise. The ruckus could constitute a nuisance or, possibly, a breach of your warranty of habitability. You have a right to the quiet enjoyment of your home.
“In their homes, when New Yorkers close that door, they really want some quiet,” said Arline L. Bronzaft, an author of “Why Noise Matters: A Worldwide Perspective on the Problems, Policies and Solutions” (Routledge, 2011).
At the same time, your neighbors are raising children in the busy, crowded city. The winters are long and cold, and the children might feel cooped up. “People have to realize that multifamily housing means multifamily,” Mr. Roberts said.
You could report the issue to the managing agent, who could follow up with the neighbors directly. But that might not entirely solve the problem. And the co-op board might be reluctant to get in the middle of a neighbors’ dispute.
Start by going directly to the source. Knock on your neighbors’ door with a peace offering in hand, like a batch of cookies. Explain that the noise is overwhelming. Perhaps one of the parents could accompany you to your apartment to experience their children from your perspective. Point out that a good, quarter-inch-thick rubber mat is not a costly investment, but it would do wonders for your quality of life.
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Ultimately, this could be a teachable moment for the youngsters. “Children have to learn that when they live in apartments, other people are affected by their behavior,” Ms. Bronzaft said. “Of course, children run around, but they do that in playgrounds.”