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placement of outdoor hvac unit - DOB violation?Sep 01, 2015

I just bought a new ground floor apartment- because this building was under construction when i closed..I didn't realize there is an extremely noisy hvac unit servicing the building directly behind me. The hvac sits at ground level and someone mentioned to me that they felt the placement was maybe a dob violation...that all large units had to be located on the roof. I was hoping someone could give me some insight as to whether this is a DOB violation. I believe the bldg behind me installed this hvac within the last couple of years, during the construction of my building. I live in a landmark section of Tribeca.

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Outdoor HVAC DOB Violation - Steven424 Sep 06, 2015

Hi Andy - Sorry to hear abut your predicament. My first bit of advice is that you realize any sort of legal opinions or advice you receive in these forums is worth exactly what you pay for it. :-)

That being said, the first step I would take would be to find an attorney who specialized in these kinds of construction and noise issues. From the way you describe the situation, and especially since the HVAC unit belongs to a different building, you will not have any practical recourse other than through legal negotiation which hopefully will not morph into litigation. I doubt the HVAC unit owner will voluntarily remove it simply because you request them to, no matter how strongly you feel the noise and construction regulations are on your side. You need to know if you have a legitimate cause of action against the HVAC owner, and only attorney can tell you that.

Good luck!
--- Steve

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