Posted by Lilly on October 11, 2001 at 08:40:46:
In Reply to: Re: Noise problems posted by Provost on October 10, 2001 at 18:44:31:
You are entitled to the "quiet enjoyment" of your apartment. If you have not yet kept a log of the disturbances, start now; write the dates, times and what the noise is. Get a decent tape recorder that is voice activated-one that will start recording when the noise starts. Anything after 11pm is totally unacceptable. Also, don't hesitate to call the police. Send all correspondence to LL by certified mail, return receipt. Detail dates and times of the noise. Send letters (certified) to the tenant. Finally, after about a month, if despite your letters LL again does nothing, then it can now be considered to be permitting a nuisance (the noise) something that interfers with your quiet enjoyment of your apartment; it can also now be argued that since LL knows about this and has CHOSEN not to act, it rises to the level of harassment-a course of conduct designed to force you to vacate your apartment. Since LL knows about the noise and yet does nothing, in my humble opinion, its as if he's doing it himself. Lastly, file for a rent reduction with DHCR.
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