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Noise issuesFeb 03, 2010


Noise problems are ubiquitous and are often difficult to handle. Let me suggest a few things, most of which apply only to co-ops. There's no Warranty of Habitability in a condo, which typically makes noise issues even more problematic.

You need to strike a good balance between doing too much and doing too little. In the case of your resident who hears noises in her walls that are within legally acceptable limits, I wouldn't do anything unless you have a simple and inexpensive solution you'd be willing to provide to anyone. And that's the problem: you *will* have to provide the same solution to any other shareholder who demands it. If you don't, you could be facing a lawsuit. "You did it for her, so you've gotta do it for me, too!"

If you're stuck with an existing policy you don't like, you may be able to draw a line in the sand and say, "From now on, we're not doing that anymore," but you need to be careful. Any exceptions must have very specific reasons behind them. No one is going to believe you're treating shareholders fairly if you keep erasing and re-drawing the line. "We did it for Ms. Jones, but never again! You can't have it, Mr. Smith! Oh, maybe we'll make an exception for Mr. Doe. And Ms. Chang. But that's the last time! Well, okay, Mr. Mackenzie. But you're the last one!"

If the noise falls outside legal limits and is attributable to another shareholder, then naturally you should bill any legal or engineering fees to that shareholder, along with whatever fines are allowable under your Proprietary Lease. If the illegal noise is the coop's responsibility, however, you need to be careful and prompt in fixing it. A classic example is River Terrace Apartments v. Robinson, in which the coop installed new and noisy machines in the laundry room. Robinson complained and the coop tried to reduce the noise and vibrations, to no avail. The board decided they'd done their due diligence, and that the rights of the many who liked the machines trumped the rights of the few.

WRONG, said the judge, awarding Robinson a 50% maintenance abatement. You can't violate one shareholder's Warranty of Habitability just because it benefits other shareholders. And due diligence has nothing to do with it: if the coop has failed to abate the problem, no one cares how hard they tried.

One of my good friends is living through a Robinson situation right now. Four years ago, his coop installed massive new washers that created a perpetual noise problem in his apartment. Making things even worse, the coop had installed the machines in a manner that flagrantly violated the manufacturer's instructions. After considerable back-and-forth -- during which the coop sent over an engineer and established there was a legitimate noise problem -- the coop installed the machines properly and put in some soundproofing. None of this helped significantly, and the board obstinately refused to remove the offending machines. The coop didn't even bother to send over an engineer after the work was done to see if the problem had been abated. This past month, my friend finally filed a lawsuit against his coop after exhausting every possible amicable solution.

In short, don't be cavalier about significant noise problems unless you want your building to become the next Robinson case. On the other hand, don't take wildly aggressive action against relatively trivial noise issues unless you want to get stuck doing a whole lot of work that isn't legally required.

Join the Conversation Comments (1)
What About Garage Doors? - BN Feb 15, 2010


Very enlightening answer, CDT. We have an ongoing problem in our building which the sponsor still owns many units in. One of the very noisy garage doors is under one of the sponsors's units and a rent-stabalized tenant is in it for a very long time. The tenant has complained to management about the offensive noise which goes on all night, with cars coming and going. Certain car owners slam their doors so loud, it sounds like a bomb going off in the tenant's apt. Management has had the garage door repair company over to fix mechanism but it doesn't help and they say there is nothing they can do to attenuate the noise. The offending car owners are SHs. We, on the Board don't know what to do. The tenant is going to file complaint with DEP and ask for a rent rebate from rent-stabilization. Where does the Board stand in terms of responsibility for fixing the noise problem and what if it can't be fixed? Thanks!

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> Join the conversation Comments (1)
Re: Garage noise - CDT Feb 15, 2010


Wow, that's a difficult problem, BN. Sounds like you should get your attorney involved, as well as an independent engineer to measure the severity of the noise. You might want to investigate replacing the garage door entirely, perhaps with a different kind of mechanism.

If the noise is as bad as the rent-stabilized tenant claims, then I would suspect that a rent reduction will be awarded. As a consequence, the sponsor will demand a reduction in maintenance for that apartment and will probably get it.

As for the slamming of car doors, your Proprietary Lease or House Rules (or both) probably contain language along the lines of, "The Lessee shall not permit or suffer any unreasonable noises or anything which will interfere with the rights of other lessees or unreasonably annoy them" (a quote from our Proprietary Lease). Unfortunately, your lease probably doesn't give you the authority to levy fines for such violations. Your sole recourse would be a Pullman-style eviction, which is such a Draconian response to door-slamming that it probably wouldn't be supported.

(I need to emphasize that I'm not a lawyer, just a Board President who tries to stay up-to-date on issues affecting co-ops.)

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