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Posted by don on February 06, 2000 at 12:31:44:

In Reply to: Re: LANDLORD DUTY re NOISY NEIGHBORS posted by John on February 03, 2000 at 12:41:36:

I have been having a problem with the tenant below
me since I moved in to my apartment over one and a half
years ago. I live in a non rent stabilized apartment in
NYC. the tenant below has been complaining about noise
since the first day I moved in. I received my first
written complaint on the third day of living there. the
tenant before me had lived there for fifty years and
the entire apartment floor had been covered in cork
tiling, which apparently absorbed alot of the sound.The
prior tenant before me was also an elderly woman in her
8o"s. The apartment had been entirely gutted prior to
me moving in and had brand new herringbone patterned
hardwood floors installed, which do not absorb any
sound. This renovation process took over 5 months and
was quite noisy from what the tenant below has told me.
I have over 90% of my floors covered with carpeting and
padding. In the living room I even put an additional
layer of padding to help decrease the noise for this
man below. I have received three written complaints and
two phone calls. the last call was because I had
dropped a hanger on the hardwood floor and he was
taking a nap and it woke him up(this was 3:00pm in the
afternoon!). At that point I wrote to my rental agency
and told them I was being harrassed , their response
was to ignore him. last Monday I recieved a certified
letter from the rental agency that after reviewing the
'complaints' I am in violation of my lease due too loud
noise coming from my apartment late at night, (i'm in
bed no later than 11:00pm), and that they must check
that i have 80% of my floor covered!!! When I spoke
with my rental office they were very rude to me and
said that I need to conform to the letters request,
that was all he kept repeating. I feel like I am being
penalized due to the hard wood floors and the fact that
the tenant below is a fanatic. He has

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