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Re: A question about noise: in their lease

Posted by Fred on June 13, 2000 at 21:10:09:

In Reply to: A question about noise posted by Theo on June 13, 2000 at 20:44:27:

: They (of course) do not have any rugs on their floors and when we have asked them to keep it down in the evenings they have been extremely rude. We have spoken with management about the issue and they have sent threatening letters to the tenants, who seem to ignore them. I have scoured this entire web sight and am still not sure about whether there are any laws about having rugs on the floors. Would this only be in the lease? (which the probabaly first signed in the 1970's) Are there any other significant steps I could take to deal with this issue aside from going to court?

Yes: rugs on floor is only a lease clause: it is in most leases: rugs must cover 80% of floor is typical. Usually not enforced unless the noise becomes a problem. If they are rent CONTROLLED, they moved in (or someone did) before 1971. Many RC's never had leases (no lease, no clause to enforce). Many landlords lost the leases. The landlord can't enforce it unless it can find it. DHCR may have a copy: landlords used to have to file a copy somewhere, according to my RC neighbor whose lease is from the 1940's.

On the other hand, even without a clause to enforce, the landlord must provide you with a habitable apartment: they are creating a NUISANCE, he can threaten them with that. (be advised: they probably know how hard it is to evict RC's...) Why don't you file a complaint with DHCR? If the landlord is telling the truth about those strong letters (you got copies?), these people need to hear it from a 'higher authority'. Some people are just plain rude selfish inconsiderate.

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