Q:   " The people in the next apartment have complained that I continuously make noise. They claim that I am so loud that it is interfering with daily tasks such as reading, studying, watching a movie, and sleeping. How do I know if I am making too much noise? What will happen now…will I be evicted?”
-Dan


A:    According to the New York City Department of Environmental Protection (www.nyc.gov/dep), noise is the number one complaint to the City’s 311 citizen service hotline, currently averaging nearly 1,000 calls a day. NYC Mayor Michael Bloomberg has recently put forward legislation, which provides a comprehensive overhaul of the New York City Noise Code for the first time in over 30 years. The proposal provides a flexible environment to keep New York’s businesses thriving while addressing the number one quality of life complaint in New York: NOISE!

What is Noise Pollution?

According to the New York City Department of Environmental Protection:

After a tenant complains to a landlord there are many steps that must take place, however eviction is sometimes a conclusion. According to the New York Tenant's Rights Guide from the Office of the Attorney General, a landlord is legally responsible for tenant created noise disturbances. An occasional loud party or a construction project doesn’t warrant sever consequences, however excessive noise is breach of a contract, your lease.

Many leases have clauses about noise pollution and prevention. Many leases have regulations about flooring and carpeting as a buffer to noise. For example a standard apartment lease from The Real Estate Board of New York, may state:

“Apartment floors shall be covered with rugs or carpeting to the extent of at least 80% of the floor area of each room excepting only kitchen, pantries, bathrooms and hallways. The tacking strip for wall-to-wall carpeting will be glued, not nailed to the floor.”
This is one way landlords are required to help control noise pollution, if you apartment is not carpeted, one may ask for so as stipulated in lease.

However if a tenant is a problem for other renters, and consistently makes noise disturbances a landlord may hold them in violation of their leasing agreement and evict a person for violating city codes for noise. A landlord would be wise to put such stipulations in their leases, and most have. According to the Real Estate Board of New York, standard lease may say something to the extent of:

“Tenants, their families, guests, employees, or visitors shall not make or permit any disturbing noises in the Apartment or Building or permit anything to be done that will interfere with the rights, comforts, or convenience of other tenants. Also, tenants shall not play a musical instrument or operate or allow to operate a phonograph, radio, or television set so as to disturb and agency or occupant of the building.”

The end result is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. Once a complaint is received it is the job of the landlord or agency to investigate the claim. The landlord may interview neighbors surrounding the tenant and gather information about the accusation. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant.

Sound Advice: What you can do to help limit unnecessary noise!

Don’t Honk Your Horn if you are stuck in traffic: it is illegal to honk unless it is an emergency.

Be sensitive to your neighbor’s space: Remember that one person’s floor is another person’s ceiling.

Keep cell phone conversations to a minimum in public places; cell phone conversations can be very disruptive in confined public spaces such as transit, stores, and should be limited.

Keep equipment volume levels down! Televisions, Radios, Musical Instruments, etc. should be used at a reasonable volume, specifically at night or early in the morning.

Place objects, such as shoes, on a floor rather than dropping them.

Footfall sound can be a problem in apartments, especially those with hard floor surfaces. Avoid walking in high heel and other hard-soled shoes.

Attend to pets regularly: walking, grooming, feeding, and playing to prevent a agitated pet.

If hosting a party, neighbours should advise other occupants about when the party will take place, and consider inviting them if it will be an open party.

Did you know?

For more information contact:
Dial 311 for non emergency inquiries

or

New York City Department of Environmental Protection
Bureau of Environmental Compliance
59-17 Junction Blvd, 11th fl.
Flushing, NY 1137

What can I do if my neighbor is making to much NOISE??

There are many routes of action one can take to resolve a noise pollution conflict. Below are helpful options from noiseoff.org.

>Negotiating with the Neighbor

The time and care you take in approaching the matter can save you a great deal of emotional stress. Neighbor disputes can poison the happiness of your life and home.

Try to determine the neighbor's point of view. It could be that the neighbor is completely oblivious or unaware that noise is coming into your space. If you approach your neighbor as a friend, you may be able to solve the problem with a simple conversation.

Your approach should always be civil, no matter how indifferent the neighbor may initially appear to be. Be clear and assertive. Do not curse, scream, make threats or show hostility when making a request for action. If you appeal to a person's innate sense to do good, you will get better results.

For example, if the neighbor is playing music too loudly, you could say: "I was wondering if you could help me out. My wife suffers from migraines and she is sensitive to loud music. I know it's asking a lot, but could you keep it down for me? I really appreciate it." Another approach is: "I really like the music you're playing but I can hear it in my home, can you keep it down for me?"

You may not always get a cordial response, but you have planted a seed and they may reduce the noise on their own without any further discussion.

Some types of noises are unintentional and can be mitigated. For instance, you could ask the neighbor to relocate the television set nearest your wall in their apartment as a favor that you will later reciprocate. You could offer a new quiet electric lawn mower in exchange for disposing their noisy gas-powered model. This will cost you time and money, but it will afford you and your family some peace and quiet.

>Contact Landlord

Another route to solving the problem maybe to contact your landlord or apartment manager. Discussing the problem with your landlord and giving them an opportunity to resolve the issue may allow them to realize that there is a problem, and to rectify the situation immediately. Complain directly to the landlord. Never leave a message of complain on an answer machine or voicemail.

Another step may be to write the landlord a formal letter of complaint if you feel that your complaints are not being addressed, or if it's taking too long. Be brief, to-the-point and respectful. Avoid any inflammatory language. It won't help you get what you want, and should this issue goes to a hearing, your letter could be used in evidence.

>Call in a complaint

Several different agencies deal with noise, depending upon type. Agencies may include the Department of Environmental Protection, Animal Control (SPCA), Department of Housing, Department of Transportation and the Board of Health.

Most noise complaints can be directed to 311. 311 is New York City's phone number for government information and non-emergency services. Whether you're a resident, business owner, or a visitor, all the resources of New York City are just a phone call away. For more information about the services of 311, visit http://www.nyc.gov/html/doitt/html/about/about_311.shtml

To complain about airplane or helicopter noise, call the Economic Development Corporation hotline at 212-619-5000.

For an emergency noise complaint, contact the local Police Department. For the number to your local precinct visit http://www.nyc.gov/html/nypd/html/home/precincts.shtml

For animal noise of suspected animal abuse, Animal Control (SPCA) should be contacted at In NYC: (212) 876-7700, ext. 4450, and In NJ: (800) 582-5979.

Consultation Services

For assistance or referrals regarding off-campus concerns (housing search strategies, landlord/tenant conflicts, short term options, listing and availability, etc.) NYU students may schedule a consultation appointment by contacting the Off-Campus Housing Office by telephone, 212-998-4620 or via email, offcampus.housing@nyu.edu

Listings => DIRECT!

New York University affiliates may also register for our Listings => DIRECT! service by sending an e-mail request. Participants of this service receive recently approved listings from within the Off-Campus Housing Registry - via e-mail. The service is available exclusively to the NYU community, and distribution is available to NYU e-mail addresses ONLY. If you unable to access your NYU e-mail account, make sure to contact ITS to activate it. Information about eligibility for NYU Home accounts is available at www.nyu.edu/its/students. You may also contact the Off-Campus Housing Office at (212) 998-4620 or offcampus.housing@nyu.edu for additional information.

The term for this service is two months. If, after the two month term, you have not found an apartment or wish to continue receiving listings, you may renew your registration by contacting the Off Campus Housing Office.

Broker Discount

Contact

Contact The Off-Campus Housing Office at (212) 998-4620 for more information.

New York University has a cooperative relationship with Citi Habitats Relocation which offers a discounted broker commission to the NYU community. To access the Citi Habitats Relocation program, you must register through the Off-Campus Housing Office. Discounts cannot be guaranteed if you contact Citi Habitats directly.

The Citi-Habitats program is one option available to NYU students. NYU students are free to use any real estate brokerage they choose.

Register for the Citi-Habitats Relocation Program

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