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Carpeting required for 2nd floor apartment?

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Carpeting required for 2nd floor apartment?

Postby brooklyngal89 » Sat Dec 31, 2011 9:59 pm

Hello there! This is my first time posting here, so forgive me if I put this in the wrong section. I have a question concerning carpeting (or lack of it) in a second floor apartment. I live on the first floor, and my upstairs neighbors are driving me absolutely insane! Both of our families have lived in the building for many years. They always had carpeting in their apartment, and we never had an issue with it.
Last summer, they apparently asked my LL (who actually lives on the third floor)if they could replace their carpet with hardwood. Yikes! Ever since then, I hear every footstep they make. Not only that, but they have 10 kids (in a relatively small 3 BR apt), and 3 grandkids, who come over every afternoon. I can't even see how that is legal, but my main issue is the floor.
It's an old building, and they should have never been allowed to get rid of their carpet. I wanted to know if there is a law in NY that would require a second floor apartment to be carpeted, especially if the 1st floor tenant is having issues with the noise. There is nothing in my lease that states there must be carpeting, but I had honestly thought it was required (the 80/20 thing, with only having the kitchen and bathroom not carpeted). It isn't just footfall. They drop things, let the kids run and scream till past midnight some nights. Some of the kids are nice, but there are 2 in particular who scare me, and they are the main reason I don't want to approach the family myself. I wear earplugs, but they really hurt my ears. I've tried everything I can to live with the noise. I spoke to him about it, and he said he didn't want me approaching them, but I'm at my wits end. I love my apartment, I would move if I could, but at the moment, I'm not able to. I just want them to realize they don't live in a house.
Heck, I'd go in halves with them to buy some nice, plushy carpet! Sorry for the overly long post, this was a bit of venting too. :roll:
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Postby TenantNet » Sat Dec 31, 2011 10:42 pm

There's no law requiring carpets although many people think there is. You often find the carpet requirement in many leases, that different percentages of the floor must be covered with carpets. Check your lease. If it's there, it's likely to be in leases of other tenants in the building.

The first step is often speaking with the neighbors, but it's not required.

Next, speak to the LL, then write the LL with a formal written complaint. Of course you will need to document the noise, when it happens, others who are disturbed and so on.
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Postby Emeraldstar » Sun Jan 01, 2012 4:19 pm

Hi All
I'm speculating that if the neighbors had to ask it's been ok'ed by the LL. I do not think your going to have much success in getting them to restore without you paying for it. Go to a carpet store and remember the padding is the more prudent investment so don't skimp there. There is commercial carpet the is reasonable & far more practical for 10 kids OMG :shock: Gather your facts & send the LL a RRR letter with your proposal. I'm guessing any parent with ...shudder... 10 probably removed the carpet cause it's easier to swiffer bare wood upon a daily onslaught not to mention what the tykes spill. Make your proposal worth it. Let neighbors at the very least pick the color but stay true to commercial citing the cost is what you can bare. You may also want to consider throwing in a Stanley Steamer visit after a year to sweeten the deal. They have a some kind of sale re: rooms and they do a good job.
I don't know if switching apts with them is an option? Then you can enjoy a carpet your self. I wish you the best of luck it sounds like a nightmare.
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Postby ronin » Thu Jan 05, 2012 1:31 am

10 kids and 3 grandchildren in a 3 bedroom apartment!

Methinks there is illegal overcrowding above your head. The LL is violating a few laws there and since he authorized removing noise dampening carpet, he should pay for it. The issue of overcrowding is a fire hazard as well. Use the overcrowding and fire hazard issues to give you leverage in getting GOOD soft carpet reinstalled.

Here's the MDL link- right at the top:
http://tenant.net/Other_Laws/MDL/mdl.html

My slumlord once had the person over my head set up an illegal baby sitting service with 10 or so kids of various ages. It was miserable! Of course the slumlord encouraged them to have the kids run, wrestle, and play in the apartment (never took them outside). That situation is an instant headache and usually families with more than 3 kids tend to think that playtime only ends after 5am, but only so the older ones can get ready for school at 6am.

And Emeraldstar, with 10 kids and 3 grands, I'm guessing some of the tykes are almost college age. Unless this is the Octomom East Coast...

:wink:
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Postby Emeraldstar » Thu Jan 05, 2012 11:54 pm

Hi All
Yes ronin too true. I'll leave you with this thought........outer borough & Octomom, like peaches & cream Me jaded :roll:
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Postby brooklyngal89 » Sat Jan 21, 2012 6:37 pm

Oh yes, Ronin! I believe 2 of them are of college age (in fact, one of them goes to the same college as me!). It's really frustrating too, because those previous carpets were a lifesaver. We hardly ever heard them, and now it's like a zoo. The funny thing is, I don't think I can really convince my LL to do anything about it. He lives in the apartment above them....and he has 7 kids. I will weep with joy the day I move (even though I truly do love this apartment, as it's the only thing I've ever known). My family has been here for almost 20 years, and I can tell you right now, they'll throw bricks through the upstairs neighbors door, before they ever consider moving (rent is pretty damn cheap because they've been here so long, so them moving isn't really an option). Hahaha, Octomom, indeed!
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Postby Emeraldstar » Sun Jan 22, 2012 9:41 pm

Hi All
Dear Lord :roll: ...LL 7....tenant 10....octopop, octomom, & poor op has an octopuss :cry: Try the carpet sell. The worst that can happen already exists. How I ache for you & ridgid from just the thought :shock:
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Postby ronin » Mon Jan 30, 2012 4:26 am

Well Brooklyn Gal, it is a complicated mess. If they had carpet and then changed it afterwards you do have a nuisance claim against the LL if you take it to Civil or Supreme Court. But then it might backfire by getting him angry at your family. IMHO you have to really get the LL to sympathize with you on a human level. Invite him to hear it for himself on one of their bad days. You guys have been there so long maybe you know others in the neighborhood who could try and reason with the LL or the octo-people.
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Re: Carpeting required for 2nd floor apartment?

Postby Firepac » Mon Nov 07, 2016 11:31 am

I don't know how many of you are aware of this but Landlords have very little power over things like this. The best he/she can do is to go over there and tell them to stop of get new/better carpeting.

In NYC tenants have way more leverage over landlords. And I mean WAY MORE leverage. Your best bet is to take care of this yourself. If you can't resolve it with your neighbor peacefully then record the noise incident and get as noise meter (they're like $20). There's actually a website that tells you what an acceptable decibel level is coming from your neighbors during certain times of day. If that volume exceeds that level constantly then you certainly have a case.
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Re: Carpeting required for 2nd floor apartment?

Postby TenantNet » Mon Nov 07, 2016 12:29 pm

Firepac, you might try to find posts that are newer than 4 years in which to respond. Your other post responded to a 12-year old thread.
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