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Very first question... are you 100% certain where the noise is coming from? If there are multiple apartments, you could get an innocent bystander in trouble. Noise can do funny things. We had one tenant who complained about loud music from another tenant who didn't even own a stereo or any sort of loud speakers. Turns out, it was coming from 3 doors down.
Second, I'm assuming that noise levels aren't addressed in your lease, as you didn't mention it.
If it isn't addressed in your lease, which it often is not, then normal living noise during the day is normal, expected, and something you just have to put up with as a tenant. Its one of the downsides to renting. That would include noise made by children playing. It would include music up to the legal volume allowed by your city code. Unless the music is louder than that (the allowed volume can be pretty loud, even up to jackhammer volume in some cases), you can't do anything about the daytime noise. However, if your city code says something more restrictive than that, you can adjust accordingly. If, for example, it says what my city code says, which is
It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom is plainly audible within any place of residence not the source of the sound.
then you could report the loud music at any time of day, if you can hear it clearly in your apartment. However, the kids playing, wouldn't be "any loud amplification device" so you would still have to put up with that.
We had a tenant who used to call us up a couple times a week and complain that the neighbors (who had teenage boys) were bouncing a ball in the house. I had to tell him that that is a normal volume of noise, and basically, we weren't going to do anything about it. He eventually moved, which was fine with us. Sounds harsh, but a LL is not a parent, we aren't going to babysit the tenants, as long as they aren't doing anything damaging to the unit, and aren't breaking any laws.
HOWEVER, loud noise in the middle of the night is illegal in most places. The police are obligated to show up, and issue citations if it is still going on. If "311" is your local non-emergency police line, call it every night that it happens. Look up your city code and see what "quiet hours" are defined as, and call each time they violate those hours. If they are having issues getting into the building, you need to have that conversation with them when you call, either meeting them, or having them buzz you for access, or whatever. That's about the best you can do.
My suggestion. Find your city code "NOISE" section. Print the appropriate pages, highlight, whatever. Put them on your neighbor's door with a note that says you will be calling the police whenever that law is broken. You probably can't be anonymous at this point, since you've already tried talking to them. Follow through by calling the police when it happens. Send another copy to your landlord along with a summary of how many times they have broken whatever that code is that you can think of recently. Your log will help there. Let them know you will be calling the police on your neighbor as long as they continue to break the law. They may not do anything still, but at least you have informed them in more detail what is going on.
I am certain that the noise is coming from them. I went to the superintendant about them, and he said that the previous tenants complained about them also. I'll have to read the lease, but I know that noise levels are addressed in the building "rules" posted in the lobby of the building. One of the rules clearly says something along the lines of "please be mindful of your neighbors, loud noises are prohibited after 10". Then at the very bottom it says "breaking these rules is cause for eviction" but obviously the rules are NOT enforced.
I totally understand what you mean about normal noise, I understand that children play...but the music, especially the fact that it begins LATE at night and lasts into the early morning is a problem.
I am so sorry. I lived in a basement apartment before and I know exactly how you feel. Did you try speaking to them directly? People with children should only be allowed to live on the first floor. It sucks for both parties.
If the management team does not do anything why not contact the owner of the complex? One of our neighbors said he gets more action by contacting the owners rather than the management team.
I have no respect for people like the OP who live in NYC and complain about noise.
It's not just that it's inherently a noisy city. People just love to complain about their neighbors who have children.
When I lived there in four different locations, only one place had neighbors that didn't complain, and that was because it was a new building with soundproofing.
In the other three places, people would complain constantly to the point where we would move because they made our lives miserable. It's as if New Yorkers get some kind of kick out of making other people cry.
We never played any music or played ball indoors, and we never had complaints in any other city we have lived in even if the apartments were not soundproofed.
There's just something about New Yorkers who hate children, and that is evidenced by the following quote from the OP:
Quote:
Originally Posted by BxNYC81
I totally agree! lol
which was in respose to a fellow child-hater's comment:
Quote:
Originally Posted by homeowner35
I am so sorry. I lived in a basement apartment before and I know exactly how you feel. Did you try speaking to them directly? People with children should only be allowed to live on the first floor. It sucks for both parties.
You people were all children at one point. I have a suggestion for you people: move to a retirement home and leave us taxpayers alone!
I've had neighbors with kids so quiet that I couldn't hear them. In the same place they moved and the new people had kids that were hellions. They ran like they had lead in their feet across the floor from 5:00 am until after 10:00 pm every night. I could hear them screaming (so much for "indoor voices") and they watched the TV at an unreasonable volume, constantly.
If you had that many complaints in three different places, I suspect that your kids were making a lot more noise than you think they were.
I've had neighbors with kids so quiet that I couldn't hear them. In the same place they moved and the new people had kids that were hellions. They ran like they had lead in their feet across the floor from 5:00 am until after 10:00 pm every night. I could hear them screaming (so much for "indoor voices") and they watched the TV at an unreasonable volume, constantly.
If you had that many complaints in three different places, I suspect that your kids were making a lot more noise than you think they were.
Yet we never had complaints in any other city we lived in other than NYC. That is not a coincidence.
Can my landlord evict me if my kids make too much noise while playing inside the apartment?
[font=Verdana, Arial, Helvetica, sans-serif]No. Your landlord will probably be surprised to learn that he cannot tell your children to quit playing inside of the apartment. Federal and state fair housing laws expressly require apartment dwellers to put up with normal, reasonable noise from children. This noise would clearly include noise made by children while playing in an apartment, provided that their conduct isn’t overtly unreasonable (e.g. jumping off their beds at 1 a.m., or playing the stereo on high late at night) . The manager cannot evict you if your kids have been making normal noises while playing inside your apartment, such as laughing, giggling, or rolling on the floor. To do so is illegal. The law does NOT make another tenant’s desire for peace and quiet paramount to your children's right to play in their apartment. To the contrary, the law expressly states that a desire for peace and quiet is NOT grounds for making rules against children. Children make noise. That’s part of being a kid. The law requires landlords and tenants to put up with such noises. This would include allowing kids to play around inside their apartment at reasonable hours even if another tenant complains.
The Fair Housing Act is a federal law that prohibits discrimination in the sale or rental, or in the terms, conditions, or privileges of a dwelling because of race, color, national origin, religion, sex, familial status (i.e., families with children under the age of 18), or handicap.
It is illegal for a landlord to refuse to rent an apartment, condominium, or home to somebody because that person will have children living with them or due to their race. It is also illegal for a landlord to evict a tenant due to the fact that the tenant has children.
Last edited by Ultrarunner; 07-27-2009 at 07:06 PM..
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