Elderly Woman Making False Noise Complaints - Situation

[amandabrook]

I moved into a new apartment in April. Immediately, I began receiving visits from our building security that there were noise complaints from the apartment below.

I was baffled and over the next several months, management and I determined and agreed that the noise complaints were unsubstantiated. In fact, management informed me that the tenant below me - an elderly woman - had a history of complaining about my apartment and the woman was convinced I was same tenant who had been living in the apartment for several years (of course, I was not).

Neighbors on her floor have repeatedly tried to explain to her there is no noise and to please leave me alone, but it appears she may suffering from dementia related to old age.

It appears now that since management is no longer willing to bother me on her behalf that she is

- calling the police
- banging on her ceiling (my floor) for hours at a time

Last night the police came and they also agreed there was no noise.

The situation is deteriorating rapidly. I was forced last night to call the police myself on this elderly woman to get her to stop banging on the ceiling.

This is a very unfortunate and awkward situation. The police indicate that they are going to have to come out and talk to me each time she calls, even if we all know the situation.

What is my next step? Can I go to housing court and get a "restraining order" or some sort of order that would stop the police from having to investigate these complaints?

[MikeW]

If she continues to make false complaints to the cops, and the cops verify and document this, I think you'd have a very good basis for criminal harassment complaint. Call the cops and/or someone in the DA's office yourself.

[Phil Cohen]

That's worth trying but this is a very touchy situation, given her age and probable illness.

Neighbor disputes are always horrible but crazy-neighbor disputes are the pits. Be sure the LL knows you are being harrassed by this person. You may wind up in a situation where you have pretty good case for withholding rent.

[Cranky Tenant]

Rather than filing criminal complains, or withholding rent, it might be better to find out if this woman has any family members who can help out. If there's no family some kind of social service organization may be the next best choice,

If she is suffering from dementia a restraining order and other legal methods might be beyond her comprehension.

[MikeW]

Okay, I don't necessarily think that granny needs to go to jail. However, if she's losing her marbles, she probably shouldn't be living alone in that apartment either. A criminal complaint might be what it would take to jog her family, and/or social services into action. If she does have Altzheimer's, leaving her there to degenerate isn't doing either her or her neighbors any good.

<small>[ November 11, 2002, 04:15 PM: Message edited by: MikeW ]</small>

[Phil Cohen]

Sure, if the family comes around to visit--they MAY be able to help. Or maybe they will side with the old lady. Or not give a damn.
This tenant shouldn't try to play social worker. He is being harmed by this person. Whether the person is an Alzheimer's patient or just an SOB is really not his concern. He shouldn't get involved in that. Her problems are none of his concern or business.
If the situation does not alleviate fairly quickly he needs to get a lawyer and explore withholding rent. He needs to make this a front-burner problem for the LL.

[Cranky Tenant]

A number of years ago we had a neighbor across the hallway who had alzheimers. One day she was discovered taking apart her stove. Othertimes she seemed to believe a child was in her apartment hiding the woman's shoes and keys.

Turned out some of the longtime tenants knew her adult children so they began calling the woman's family whenever she seemed a bit off. Eventually the family realized she really shouldn't have been living on her own.

I personally don't think this should be a cause for any kind of lawsuit and I doubt the cops are going to want to arrest an old lady either. Maybe the tenant should discuss this with management. It's possible she has family who has been paying her rent.

[Phil Cohen]

It is the LL's duty to approach the family. He has the information on who is paying the rent. An approach from the LL will be far more effective than some complaining neighbor.
I am not so sure it is Alzheimer's--my father had that disease. But it doesn't matter. The tenant is being harassed, or so he says. The danger is that the LL will shirk his responsibility by using this lady's sickness as an excuse. The tenant needs to firmly but politely make clear that his apartment is unlivable and that this is now the LL's problem.

[NiceTenant]

Amandabrook, by any chance, would you be living in an apartment on Shore Road and 93rd?

[TenantNet]

To Amandabrook: You should probably not answer that in this forum. We recommend you keep your anonymity here for many reasons. And we're not even sure why the question is posed, or why it matters.

[amandabrook]

NiceTenant, no, that's not me.