As a result, noise complaints have become popular and common, and as such, noise litigation has increased. Like the flash of a neon2, this article attempts to explain both noise laws and remedies in New York City. Deborah Koplovitz, a partner at the New York law firm Herrick Feinstein, notes: “Noise problems bring us into the world of subjectivity. A person may tolerate a concert pianist practicing the same phrase over and over again throughout the day, but for someone else, it can drive them crazy. “The noise of people walking on the ground above you is normal,” Koplovitz points out, “but someone can perceive it as something other than that and say it is intentional. The mind can be lost. It has long been known that “living in an apartment building in a metropolitan area is associated with some known disadvantages and disadvantages” and one cannot expect a noise-free environment. “The peace and tranquility of a rural estate or the Sylvanian silence of a mountain hut are not to be expected in an apartment building.” 9 As New York City experiences denser apartments, noise problems seem increasingly apparent. The noise has become louder for many reasons. At first, more families decided to live in this city, and one of the loudest and least represented groups of offenders shouted children. Secondly, newly constructed buildings are constructed with more glass and less insulation and other materials that would block the formation of noise – so that the noise becomes wider and louder. Third, in order to use every inch of the house, the owners change their units to remove the intestines from the residence, thus eliminating protection from noise.

Fourth, many noise problems in all places except the bathrooms and kitchen can be treated with carpet insulated from wall to wall. However, many residents refuse to line their homes, and many rental, co-op, and condominium leases and regulations don`t actually require such carpeting in their leases, bylaws, or house rules.1 Once the CEO has entered the picture, the board is informed of the problem — and in some cases, Kim explains, he can choose to: to get involved. You can hear the complaint, determine if there is a problem according to the rules of the house of the building or association, and make a decision on the measures against the offending party. This measure can range from the installation of a type of sound insulation to the imposition of a fine. Wagner should know. Last year, when he was chairman of the board of his Manhattan-based 420-unit cooperative, the lawyer had to deal with complaints from a shareholder who lived with the constant noise of the apartment above. When other shareholders confirmed the complaints, the board of directors asked management to investigate the matter. The complaints were justified. “At this point, the board should try to solve it,” Wagner says. “What can they do without spending a fortune that would allow the parties to reach an agreement?” Since rental properties and cooperatives are a form of rental housing, noise issues speak for the guarantee of habitability in general, but not exclusively, and are enforceable before the housing court. Condominiums, where each unit is a separate real estate and there is no landlord-tenant relationship, find controversies about noise that are only heard in the Supreme Court, usually through injunctions, although such lawsuits are also available in co-ops. While condominium boards don`t have the power to evict, they aren`t powerless if an apartment owner violates bylaws or house rules for noise.

Under the Condominium Act, condominium boards have the power to apply for an injunction, which requires the offender to take certain steps to reduce noise that the courts can then apply. One option that boards don`t have for noise complaints is to ignore them. “If the rules are clearly broken and enough people complain and the board doesn`t do anything,” Wagner says, “a shareholder or other resident can take legal action against the board.” Glasser argued that he was not bound by the building`s house rules, which required that 80% of his floors be covered because he was a rent-stabilized tenant. And Dubin was not a party to Glasser`s lease. Even though Glasser`s lease required him to abide by the house rules, which required that 80% of a tenant`s floor be covered, Dubin did not have the ability to enforce that rule. Dubin responded that Glasser`s lease required it to abide by rules and regulations issued by its owner, including the 80% rule. Basically, whether it is a cooperative or an apartment, an apartment is a house – and a house should be a place of peace and tranquility that its occupant can enjoy. Pay attention to your neighbors and the noise you make. I hope they will do the same. In Brown v. Blennerhasset Corp.,16 the occupants complained that the adjacent unit generated noise, including heavy footsteps, snoring and a dishwasher. The First Division of the Appeal Division considered that such noises were not inappropriate as they were incidental to normal occupation.