Noise Complaints and the New 2007 Law

For a board, an issue involving noise is, many times, a judgment call, requiring you to determine if an apartment is truly noisy or if the complainant is overly sensitive to the normal sounds of apartment life. One starting point is to ask yourself if the person is prone to complaining ; if not, something may well be disturbing a resident's normal living habits, causing lack of sleep or otherwise disrupting the quality of life. But note: If you ignore a legitimate complaint, residents can to turn to the legal system.

Such is the case, for example, with a retired couple living in a Manhattan prewar co-op, who filed a lawsuit against the board because it failed to take action on an air conditioner that a neighbor had installed through an outside wall. The a/c's sound and vibrations had created a serious noise condition that negatively affected the quality of life the couple had previously enjoyed in the building. A protective sheath put around the air conditioner was not enough to solve the problems — though the board by then had unwisely washed its hands of the unresolved issue, and got itself sued for its lack of responsibility. Noise issues can be even more troublesome when they involve businesses in the building.

Bring on de Law, Bring on de Noise

Co-ops have been required to respond to noise complains ever since the 1995 case Nostrand Gardens Co-op vs. Howard, in which the co-op was found at fault for not having taken "effective steps" to abate the nuisance after a shareholder repeatedly reported "excessive noise emanating from an apartment … throughout the late night and early morning hours."

Ten years later came "Local Law 113 of 2005," the first noise-ordinance update in three decades. Enacted in 2005 and taking effect July 1, 2007, the updated ordinance ups the fines, and, among other things, changes the way police or environmental-protection agents measure noise.

In the case where a co-op or condo houses a business, such as a club or bar, the new law makes the business-owner, not the co-op or condo, responsible for keeping noise below a threshold of being "plainly audible" from 15 feet away. The ordinance also addresses construction noise. If you hire a contractor to, say, put in a new sidewalk, that contractor, like business-owners in the example above, is the one responsible for keeping down noise. In fact, the law now even states that they have to create "a noise mitigation plan for each construction site," with a copy of the plan kept available at the site.

Boards themselves are responsible for their staff and for such building-wide equipment as central air-conditioning. For example, if your super uses an air compressor, it needs to be equipped "with an appropriate muffler." You also can't have lawn work done on weekdays before 8 a.m.. or after 7 p.m. or sunset, whichever comes later, nor on weekends and state/federal holidays except between 9 a.m. and 6 p.m. Specifically:

• §24-242 Lawn care devices. (a) No person shall operate or use or cause to be operated or used any lawn care device:(1) On weekdays before eight a.m. and after seven p.m. or sunset, whichever occurs later; or (2) On weekends and New York state and federal holidays before nine a.m. and aftersix p.m.; or (3) At any time in such a way as to create an unreasonable noise.

You also can't have your staff use a leaf blower not equipped with a functioning muffler — although snow blowers don't have to if they're used  "for the purpose of complying with subdivision a of section 16-123 ofthe administrative code."

"Circulation devices" such as central a/c units on a building's roof cannot create sound above a certain level as measured from three feet inside an apartment with a window or terrace door open. (If you want the precise figure, it's a weighted spec of "42 dB[A]," which you can have someone measure with a decibel meter if someone complains about the noise. For more info on specifics, go to this New York City Department of Environmental Protection page.)

In general, people in your building can't make noise above 7 dB between 10 p.m. and 7 a.m., or above10 dB between 7 a.m. and 10 p.m. However, if your building is undergoing a capital improvement of the like, "The decibel level limits set forth in this section shall not apply to sound attributable to construction devices and activities" — which can take place between 7 a.m. and 10 p.m. only, unless you get a city exemption for "after hours" work.

Mediation, Not Litigation

When it comes to co-op/condo residents themselves, however, mediation rather than litigation is the preferred method of resolving a noise dispute. Most of the time, the people involved are neighbors who will continue to live in the building and interact with each other. Turning to litigation as a method of resolving a noise problem can cause friends or acquaintances to turn against each other.

Residents should also try to resolve their differences without involving the board since board involvement means the issue will probably appear in the minutes from board meetings — and so potential buyers can learn all about neighbor trouble with apartments they are thinking about purchasing.

Everyone involved, from the neighbors and the managing agent to the board, should appreciate the seriousness of the issue and try to resolve the problem without forcing one party to resort to litigation. Mediation is almost always a better solution to noise disputes.

Adapted from Habitat March 2005 and October 2007. For the complete article and more,  join our Archive >>