Legal Question in Landlord & Tenant Law in New York

Neighbor disrupting my life

I've lived in my apartment in NYC more than 20 years. Months ago a neighbor (don't know who) started waking me up every morning between 5 and 7:30AM not with noise but something that causes

very strong vibrations... my own private daily earthquake.

In November, I sent a letter (certified mail) to the head of security. A few days later I was being awakened several times between 4AM and 7AM. Coincidence or the tenant's response to the

complaint? It went back to once a day and at the end of December I sent another letter to management. Same result.

I've put mats under my bed, hoping they would absorb the vibrations. They don't and I injured my back lifting the furniture. I've taken sleeping pills which make me feel so sick and sleepy during the day I can't function. I am self-employed, work at home and I am too stressed out to concentrate.

I'm working on moving out (and I have to pay them $200 for the privilege of doing so even with the

requisite 30-days notice!!) but while I am here doesn't the implied warranty of habitability of my lease

give me the right to sleep in my own apartment and not on someone else's bizarre schedule?

I desperately need help. Thank you very much.


Asked on 1/28/08, 3:45 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Neighbor disrupting my life

It's like someone is doing construction work right beneath your window.

The law states that construction work may not begin in NYC before 8am. I would include this 'strong vibration on the level of an earthquake' under the category of 'disturbance due to earthwork/construction'.

Your problem is to document the disturbance. is there a neighbor who can support your claim? If so, then this is 100% illegal and it is called 'constructive eviction'.

Under a 'constructive eviction', major benefits of renting that apartment have been taken from you. If it is caused by management (or another tenant) then management is responsible and your duty to pay rent is diminished.

That means you only have to pay (in this case) about 60% of the rent and no buy-out fees.

If you feel that you can get out in the next month and can take the distrubance, then just getting out may be best.

If you are forced to stay longer then you might want to talk to me about what we can do about this problem.

Email is best to make an appointment.

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Answered on 1/28/08, 4:22 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Neighbor disrupting my life

Sadly I can empathize since I was the victim of a noisy neighbor many years ago in a NYC apartment, too. I think noise was also the number one complaint being received by NYC 311.

Unfortunately, there is not much that can be done without the cooperation of the offensive neighbor and/or your landlord. Have you attempted discussing this with the neighbor? Barring that, you would need to complain to your landlord since, it can be argued, the excessive noise is a breach of the lease/warranty of habitability. Make sure that your landlord, not just the managing agent, receives your written complaints. You can also stop paying your rent (and put it into a savings account) until the matter is resolved. That will get their attention very quickly. Since you are already in the process of vacating it may not be worth burning any bridges if you can hold out until you leave.

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Answered on 1/28/08, 4:23 pm


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