Compliments for suggesting a very good use of Adult Protective Services - this is why the service exists. The only caveat is whether or not the uncle will deny any problems when outsiders speak to him - so the writer can help by supporting the process.
I suggest working out to the rithm of the noise from 9am to 9pm during the rent period, get a bear sized muscular body and then go to the gym and break all the loudspeakers and more...
How can it even be legal to torture a family or an individual with music all day? There are wi-fi earphones these days.
How can it even be legal to torture a family or an individual with music all day? There are wi-fi earphones these days.
2
Another option for protecting the elderly tenant with the abusive son and removing the son from the property is to get an order of protection. Unlike the eviction proceeding the OP is effective immediately. This of course, would also prevent the son from approaching his father in other settings but it may be a good idea if we think he's capable of retaliating against his father after an eviction.
4
Re Noisy Gym: Not sure what is more important to you rent reduction or noise abatement. But if you want the noise stopped begin by calling 311, file a compliant and provide requested information for a NYC DEP noise complaint inspection at your residence. When DEP's Bureau of Air & Noise comes to your home to inspect and finds a violation they will issue a violation to the gym. The fines are steep and increase for additional violations. If the gym persists with the violations the hearing judge can issue a “cease and desist order” and if needed a "sealing" of the gym's music (prohibiting use or/confiscating the music equipment). Document complaint to the apartment management office, contact your City Councilperson for additional help--(some are great) and enlist the help of all other similarly affected tenants ( strength in numbers).
Good luck.
Good luck.
15
I question whether the DEP would find a violation because what I believe they do is measure noise in decibels. Heavy bass is something else entirely. I have had that problem with neighbors -- you may not even "hear" the music because they have technically turned the sound down,but they have the bass way up. So you feel this throbbing and shaking. It is really maddening. Since my problem originated with a tenant in the same building, I wrote to the owner -- several times before the matter was resolved.
1
Another solution would be to visit the gym and see where the speakers are located. Ask the gym, nicely of course, to see if they can move the speakers further away from the wall. Usually gym ceilings are either open or foam tiles, so it should be quick and easy to move speakers.
8
I had no idea gyms played loud music. Presumably I am not alone in this.
5
Zumba dancercise!
2
That means you've never been to a gym. You are definitely not alone considering the rampant obesity in our country.
1
Obesity has absolutly nothing to do with not going to a gym.
9
Protesting a 'party wall' with a gym next door? Well, good luck with that. Just be glad you're not in some 'image' co-op where you might have to deal with picky neighbours who'd want to have YOU evicted as an 'undesirable tenant' merely for not having joined that gym!
4
I'm not sure it will help to get the gym to turn that noise, that passes as music, down. The vibration and noise from the gym equipment would be equally annoying. Listening to the throb of a treadmill or clang of the weights would be as much of a bother as the music.
I think you will have to move to avoid the noise. But how did you not hear it when you first looked at the place?
I think you will have to move to avoid the noise. But how did you not hear it when you first looked at the place?
16
To the greedy rent stabilized tenant, pay the increase for the improvements. You're still paying a mere fraction of what the landlord can charge and your meager rent forces the landlord to gouge he market rate tenants in order to make up the loss he suffers with your apartment.
Unless NYC scraps rent regulations we will always have greedy tenants like this one living high on the hog on everyone else's dime.
Unless NYC scraps rent regulations we will always have greedy tenants like this one living high on the hog on everyone else's dime.
31
How is entering into a legal lease for a stabilized apt = to greedy? Please explain. Other than being jealous that it's not you? Is that the point?
8
@John Smith: And how, exactly, did that landlord become the landlord? Did the landlord BUY the building, in which case a business decision was made and perhaps the landlord made a bad decision. Did the landlord INHERIT the building, in which case the landlord is free to sell it if it doesn't make money. Did the landlord BUILD the building, in which case you are talking about a commercial developer. Did someone hold a gun to the landlord's head and force the landlord to own a building? I am unaware of any landlords who are in those circumstances.
Your assertion that a regulated rent "forces the landlord to gouge the market rate tenants" to make up the "loss he suffers with your apartment" is 100% laughable.
Ah, yes, all those poor, suffering landlords in NYC - they are a permanent underclass! They just can't avoid owning buildings somehow, and they're all losing their shirts & living on canned cat food because they're just soooo very poor; surely this has been the subject of many exposes and documentaries, no?
Your comment indicates that you know very little about running a building in NYC, or else that you are a landlord yourself - or both!
Your assertion that a regulated rent "forces the landlord to gouge the market rate tenants" to make up the "loss he suffers with your apartment" is 100% laughable.
Ah, yes, all those poor, suffering landlords in NYC - they are a permanent underclass! They just can't avoid owning buildings somehow, and they're all losing their shirts & living on canned cat food because they're just soooo very poor; surely this has been the subject of many exposes and documentaries, no?
Your comment indicates that you know very little about running a building in NYC, or else that you are a landlord yourself - or both!
28
I rather think your ire is misplaced. Do you really think, that the overwhelming majority of landlords won't charge as high a rent that the market will stand and pay for, regardless whether they have rent stabilized tenants or not. If anyone is greedy it is not not rent stabilized tenants, but the landlords.
25
I learned a new word: "party wall", which, until I looked it up, I thought meant "partay!" with music, etc. If I were moving next to a gym, I would certainly ascertain which parts of the gym abutted my own walls before deciding to move there. For all we know, there already is a rent reduction in place if the noise is known. And has anyone thought of asking the gym to adjust the bass tones in the sound system? Or volume? (I know gyms like to be loud, but they do have volume knobs.) Are the tenants there all day? If so, the gym would be able to lower the volume in hours when there are no classes going on. But seriously, if there is a bar or gym or military installation on the other side of your wall, so over and see what is actually next to your own wall before renting.
10
The response to "raising Rent After Improvement" is woefully inadequate, as it completely fails to address the writer's primary question: whether it is correct that the rent increases are permanent even after the landlord has recouped the cost and, if so, what is the rationale for that.
The answer is yes, the landlord is permitted to recoup the cost of an MCI increase (and certain other increases; e.g., replacement of a major appliance such as a refrigerator) in perpetuity of the leaseholder's occupancy. As for the rationale, there really isn't one: indeed, it is outrageous that landlords are permitted to do this, and tenant advocates have been fighting for decades to get this regulation changed.
The answer is yes, the landlord is permitted to recoup the cost of an MCI increase (and certain other increases; e.g., replacement of a major appliance such as a refrigerator) in perpetuity of the leaseholder's occupancy. As for the rationale, there really isn't one: indeed, it is outrageous that landlords are permitted to do this, and tenant advocates have been fighting for decades to get this regulation changed.
29
This is exactly one of the items that Mayor De Blasio is trying to correct with the renewal of the Rent Laws upcoming, in 10 days or so. Where is our progressive Governor Cuomo on this issue and others related to rent stabilization? Issues such as the END of vacancy decontrol once the rent reaches $2500-? This, to save ou dwindling affordable hosing stock.
3
they also can raise your rent if you install an AC unit, even though you pay for it.
5
I agree. A very poor and unhelpful response by the Times. But unfortunately par for the course.
2
Here's an example of how logic in NYC government is hopelessly skewed toward landlords: "... replacing an obsolete [boiler] with an energy-efficient alternative does [result in a permanent rent increase]". The new boiler saves the landlord money every month but doesn't require him to pass along the savings to his tenants; instead the tenants who are presumably no better off get hit not just with an increase for a year or 2, but forever. And isn't part of being a landlord's job to keep equipment in working order anyway?
34
Was the new boiler free? Of course not. It takes years and years to recoup the cost of the boiler via savings in energy costs. If ever.
The tenants do benefit, via more reliable heat and hot water.
This is not a partnership; the owner has his capital locked up in that building. Capital that could be doing other things, that could be invested, that could simply be spent by the landlord in pleasurable pursuits of the owner's choice. The owner sunk that money into a new boiler and needs to recoup that investment via rent increases and energy savings.
The tenants do benefit, via more reliable heat and hot water.
This is not a partnership; the owner has his capital locked up in that building. Capital that could be doing other things, that could be invested, that could simply be spent by the landlord in pleasurable pursuits of the owner's choice. The owner sunk that money into a new boiler and needs to recoup that investment via rent increases and energy savings.
8
I am in complete sympathy with West Village's complaint. There are NYC codes that limit invasive noise. Decibel, tonal and bass noise levels can be measured by the Department of Environmental Protection (DEP). If levels are not compliant with code, the offenders can be ordered to correct to acceptable levels and, if they don't, may be subject to fines and/or closures.
Please check the DEP's website for more information. A handy guide is readable and printable. Perhaps the lawyer that was quoted will check it out, too. Good luck!
MaryT
Brooklyn Heights
Please check the DEP's website for more information. A handy guide is readable and printable. Perhaps the lawyer that was quoted will check it out, too. Good luck!
MaryT
Brooklyn Heights
22
Or you can report serious noise complaints to the NYPD at -
https://www1.nyc.gov/apps/311universalintake/form.htm?serviceName=NYPD+N...
Less serious complaints can be reported at -
http://www1.nyc.gov/home/search/index.page?search-terms=noise&collec...
https://www1.nyc.gov/apps/311universalintake/form.htm?serviceName=NYPD+N...
Less serious complaints can be reported at -
http://www1.nyc.gov/home/search/index.page?search-terms=noise&collec...
2
This sounds like a case of moving next to the airport an then complaining about the noise.
3
Re "A Noisy Gym Next Door": A solution might be for the landlord to sound-proof the wall between you and the gym, but from the experience of myself and others, it's questionable whether this would solve the problem. I suggest finding another apartment unless you're prepared to live with the present situation. If you decide to stay, much better than earplugs is the Bose QC 20 noise-cancelling in-ear headset which works wonders on eliminating low-pitch sounds while still allowing the user to hear household sounds.
6
The letter writer next door to the gym said that the noise goes on from 6am - 9pm. Either they went to look at the apartment initially in the middle of the night or the noise wasn't loud enough for them to notice it when viewing the place.
Yes. Major Capital Improvement increases are a permanent part of your rent,
Even after the improvement is officially paid for. After a four decades long
tenancy, a tenant may actually still be paying for three roofs, and two sets of new windows.
Even after the improvement is officially paid for. After a four decades long
tenancy, a tenant may actually still be paying for three roofs, and two sets of new windows.
12
You are not taking into account for the time value of money, i.e. inflation, with the MCI increase.
2
Cousin in question 2 - please please please do not hesitate to call 311 and get an elder abuse investigation started. Your uncle's son is a bully - among other things - and will not easily give up his free ride without involving the elder abuse authorities.
30
An earplug renewal? How jolly!
An act it would seem of pure folly,
Reduction in rent
Though it seems well meant
Is hardly sufficient, by golly!
An act it would seem of pure folly,
Reduction in rent
Though it seems well meant
Is hardly sufficient, by golly!
25