Posted by Nick on April 20, 1999 at 18:58:58:
In Reply to: Noisy, ADA protected neighbour in NY posted by sim on April 18, 1999 at 08:58:46:
: I inadvertently ran from one noisy apartment to another. This time, however, the upstairs neighbour is, I'm told, autistic, and is protected by the ADA. Every few hours, every day and night, he goes on a rampage of cursing, shouting, hammering, stomping loudly through his apartment, shoving object around. He's flooded my apartment three times because he has a tendency to stop up the sink and bath and let the water flow. The landlord tells me he cannot be forced to allow carpeting to be installed for him (he's paranoid about workmen in his apartment) so I contunue to be disturbed by his around-the-clock episodes. I'm told each time the flooding is merely accidental.
: Do I really forfeit my right to "quiet enjoyment" because of the man's condition which was not disclosed to me?
Try contacting the Dept of Justice's Americans With Disabilities Act section. Try this link: http://www.usdoj.gov/crt/ada/adahom1.htm. I don't know if you can click directly to it (given my computer skills, you robably can't, and will have enter it manually). A DOJ attorney specializing in these matters should be able to answer your questions, or at least steer you to another federal agency with appropriate expertise. Try speaking with the parents of the kid. If they refuse to help you, you might consider subletting your apartment to a pedophilely-challenged disabled person.
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