Legal Question in Civil Litigation in Texas

In the city of Houston, the city ordinances state that during the daytime the permitted noise levels on a residential property are up to 65dB(A) and 58dB(A) during night time hours (10:00PM-7:00AM).

First, perhaps figure out the decibel level. From that, you can begin to shape your defense. Additionally, go through your deed restrictions.

Deeds may lay out extra covenants for whole properties and some may pertain to noise which could require a lower decibel level. Nonetheless, there is a reasonableness argument as well as the affirmative defense that complies with the Houston Ordinance Section 30-7(g) 'Any other lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution'.

Check the deeds and any extra covenants attached. Measure your levels. Then, if the HA comes, you have an idea of your defenses and what recourse you can take. If the decibels are below what are in the deed and the Houston ordinance, HA may not even bring a claim as it would be frivolous.

If you have any further questions please give our firm a call or email:

Mentlewski Paranjpe Law Group, PLLC

832-667-7700

or

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