Posted by Alan on January 09, 2000 at 03:36:44:
What a nightmare this apartment has turned into!
I rent a small NY studio apartment, no rent control/stabilization, have a lease (in the middle of the third renewal term).
During the second lease term a restaurant was constructed in the retail space directly under my apartment. Even though the restaurant had become VERY loud by the time my lease expired, I renewed. But, made a written complaint with the last renewal. Almost 6 months have passed and numerous times I have gone down to ask them to control the music. 2 more written complaints have also been made to both the restaurant and the landlord, but both refuse to do anything about it.
Now I am 1 1/2 years of suffering in a small apartment with this music blarring 14 hours each day. The noise has gotten so out of control that I have started calling the police and have been documenting the times the noise starts and ends each day.
On Monday, I intend to make a complaint with the DEP about the noise/smell of cigarrette, etc.
But am more concerned with a question of harassment. Since I have started asking them to control the music, it has gotten only worse. The staff of the restaurant now insult me when I am seen, and the music gets even louder if I am heard entering my apartment.
Can this be considered harassment? And if so, can I file a complaint in court against them to collect monetary damages for my suffering?
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