Do your neighbors run a noisey "factory" (food items, clothing) from their City\State apartment? (real estate)

[BearHugs]

Brooklynite here: Our complex has this problem and no-one is doing a thing about it. Management needs several complaints against the tenant, but "first you must find out who they are". Security can not enter into your home, to listen to the noises. Yet they "can't hear anything while standing in the hallway". Which is not true. NYPD can't enter, unless it's a 911 emergency.

The sounds are not "everyday living noises". They are loud, disruptive thumps, buzzing\vibrating noises - that begin as early as 3:30am thru 12midnight, 7 days a week.

One tenant, with a heart condition, has been subject to this for 10 years, now. No-one wants to help. She was told she could have harrassment charges leveled against her!

No doubt: Our building management company needs to be replaced.

So...are you having this problem too?

I need to know if this exists elsewhere in Bklyn. Other areas (outside of Bklyn) can reply, too. Maybe someone can give me some advice?

Thanks.

[Elvira Black]

Try the Real Estate professionals forum on this site. It sounds very hinky, and is probably highly illegal. You can't just set up a business in your multi residence, esp one like that, I don't think.

You might need to get a petition together with other tenants to complain about "apartment xy." And how could management not know who they are? They're supposedly tenants there.

[Elvira Black]

Generally, you are legally entitled to "quiet enjoyment" of your residence. This may be the legal angle you would pursue, since this tenant is disrupting your right to quiet enjoyment of your apt.

I'm really surprised they've been letting this tenant get away with this. Sounds absurd.

[BearHugs]

Originally Posted by Elvira Black

Generally, you are legally entitled to "quiet enjoyment" of your residence. This may be the legal angle you would pursue, since this tenant is disrupting your right to quiet enjoyment of your apt.

I'm really surprised they've been letting this tenant get away with this. Sounds absurd.

Thank you for your replies. The petition idea sounds like a good idea. I'll ask everyone having the same problem, maybe they'll sign it and forward it to HPD.

[BearHugs]

Update @ Nov. 2015
Petition: No-one wanted to get involved by signing it.

After all these years I found a good lawyer & there might be a lawsuit.

For anyone else having this problem:
You can move. In my case there are too many other tenants doing the same, working from apartment nonsense.
I cannot afford the rents in other areas. So I wear ear plugs when sleeping. Employ playing music and increasing the volume, if neighbors become too loud. We now have the understanding, "You get what you give."

During these years I have armed myself with learning my Tenant Rights
Read my Lease. (read yours)
Conducting any, especially a noisy disruptive, enterprise from any City or State apartment is a Lease breaking activity.

Document the noises,
1) Audio recordings within your apartment, only. Tip: Your walls & floor are good areas to place Smartphone App near. It must touch these surfaces in order to capture sound.
2) Keep a Log of Activity and whom you've reached out to for assistance.
Calls (Log if possible) Correspondence (copy for your Files):
3) Contact
Your Floor Captain. Your Building Chairperson. Management. Police Dept. (Log Complaint # & Results)

Start looking for a lawyer.

Who is creating the excessive noises is not easy to prove, even if you know who the tenant is. However the recordings are proof there are disruptive noises. Your Management Agent must do their job or face a lawsuit for not complying with their contract. As for the neighbor. The question is "Are they paying taxes due the Government?"
An Update will follow if I find the answer.

Thank You for reading my Posts.
BearHugs

[Henna]

Originally Posted by BearHugs

The question is "Are they paying taxes due the Government?"

BearHugs

Good to get an update after so many years.

But -- my question is -- if you find out if they are paying taxes, is that a good or bad thing? I guess it's good they are in compliance, but bad because it confirms they are running a business?

[BugsyPal]

Given this past/current economic recession and high job losses/inability to find work all sorts of persons are running businesses out of their apartments; private and NYCHA. One of my co-workers lives next door to what is basically a kennel/pet sitting/dog walking service. All hours of day and night he has to deal with dogs parking, owners coming and going in the common areas (they have to pass his apartment) and so forth.

If persons are running any sort of restaurant or food preparation out of their homes complain to the Department of Health and FDNY. The latter is responsible for inspecting places in terms of fire safety.

[BearHugs]

Originally Posted by Henna

Good to get an update after so many years.

But -- my question is -- if you find out if they are paying taxes, is that a good or bad thing? I guess it's good they are in compliance, but bad because it confirms they are running a business?

Thank you Henna for your question.

...paying taxes-good or bad thing? - Good IF taxes have been paid. However still bad, because their noises are too disruptive.

I doubt they've paid taxes owed. IMO, When persons do not abide by Standard Rules - in this situation, an Occupancy Agreement clearly stating "No enterprise allowed..." They are able to break other rules. Profit is all that matters.

Take care Henna.

[SeventhFloor]

Originally Posted by BearHugs

Thank you Henna for your question.

...paying taxes-good or bad thing? - Good IF taxes have been paid. However still bad, because their noises are too disruptive.

I doubt they've paid taxes owed. IMO, When persons do not abide by Standard Rules - in this situation, an Occupancy Agreement clearly stating "No enterprise allowed..." They are able to break other rules. Profit is all that matters.

Take care Henna.

Have you found out what exactly is creating the noise yet?

[Harlem resident]

There are a number of illegal businesses in buildings around here - apartments used as storage spaces for enormous piles of goods sold at markets, many people living in the apartment as well; and there are at least two very heavily-trafficked African restaurants operating out of residential apartments. Both have fleets of delivery guys, receive big shipments of industrial-sized food items, and so on. On a daily basis, people arrive with open tubs filled with meat from who-knows-where. Customers arrive and ring all the bells for access 24/7. Those are just two examples. All of the illegal businesses I know about firsthand are run by African immigrants, illegal or not is anyone's guess.

How this was dealt with: Of course it is illegal. People called the health department for the restaurants, you can call 311 about anything. This is good for the record, and you should keep very careful records of everything. Think: Over accomplish the recording of everything.

The best recourse turned out to be going to the landlords for breaches of the warrant of habitability. Landlords are responsible to ensure "quite and peaceful enjoyment" of the apartments they rent, and keeping very careful records, writing the landlord(s), and then filing in housing court for a breach proved the most successful.

One of the restaurants caused quite a fire given the constant cooking. She dragged her burnt-out stove to the lobby and when the landlord refused to give her another - they are often fully aware of what is going on - she purchased a stove herself and had it hooked up on her own. All of this is absolutely ILLEGAL.

The landlords are not necessarily against this process. They need proof and tenant complaints - it cannot be the super or an employee - to get rid of people. Help them out by following the process.