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Unfortunately for you, you are in a Condominium so the warranty of habitability does not apply to your building since the owners are not in a landlord / tenant relationship such as a coop or a rental building.
I'm interested to know if the resident above you is the condo owner or if they are a rental tenant, in which case the warranty of habitability will kick-in.
Separate from that and assuming that you're both Unit Owners in the Condo and not held to any landlord / tenant relationship, I'd imagine that there is a provision in the House Rules to note that excessive noise is not permitted during allotted hours and that each resident is entitled to quiet enjoyment. If they are in breach of the House Rules, the condo can start to fine them according to the fine schedule that is stated.
You could do your own noise investigative work to show the decibel levels in the unit that you experience when the music is at full-blast. This will help the Board to establish a track record of the offending levels. Also, keep a detailed log of dates and times that the noise is evident and obviously, keep all texts, e-mails, etc. from upstairs, as I'm sure that you're doing.
All good advice. The condo board indeed has warned him that loud music preventing others' quiet enjoyment of their apartment is contrary to house rules and that he could be fined. And I've been keeping a log for about two years, with figures from a decibel-reading app.
He's told me -- written in a text, in fact -- that he considers turning the volume down to be "retreating." And he really seems to believe that he "could ... ruin your day with music and it would be well within my legal rights and Nyc law for noise generation." That's absurd, of course, but he really seems to believe it.
The board has suggested mediation, which I've suggested to this guy and he's agreed. But mediation is expensive. I wonder if I should just go back to the board and management and say, "You've warned him about loud music, and now he's back doing it and saying this-and-this."
What do you think? Give the board/management a chance to warn him again, or go to expensive mediation first? I'm sure the mediator will advocate a compromise -- play your music, just turn the volume down -- which is what the board has already told the guy, and which is all I've ever asked. Should I bother with the expense of mediation?
I would first exercise my rights as a citizen of New York in a city that has an avenue for you to complain, and complain. Maybe if he gets a visit from a City inspector and understands that there is a $175.00 fine associated with a first offense, we will re-consider. And if he is as cocky with them as he is with you, he might be slapped with the fine. When there are free resources available to you, why would you pay for the cost of mediation?
More good advice. I will look into this. Thank you, my neighbor to the North!
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You said you are in New York: This is from their website:
"You can make a complaint about noise from your neighbor including loud music or television, talking, and moving or dragging of furniture. Officers from your local police precinct will respond when they are not handling emergencies.
You can also contact your tenant association, building owner, or super for help if a neighbor in your building is often noisy."
You can register a complaint on line:
https://www1.nyc.gov/apps/311universalintake/form.htm
I suggest before you do this you compile over a 2 week period the days/time of day that the music was loud. You have to establish that it is continual and not a one-time occurrence.
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