Endless Parties Next Door

Mar 25, 2017 · 68 comments
Jethro (Brooklyn)
I'd experienced this problem and I feel your pain. The best idea is to enlist the help of your other neighbors. Write a letter to your landlord and have your neighbors sign the letter. Then send the letter via certified mail. Implore your neighbors to call the landlord EVERY TIME there is a noise problem (leave messages after hours). Continue to raise the issue with the superintendent. I'd also contact your local police precinct. Make them aware that this is an ongoing problem. They should have a community affairs liaison there. I assume you've already made 311 complaints. If your neighbor is a certain type, fighting fire with fire will inflame the situation. It may also undercut your case for help from your landlord. Good luck.
doy1 (NYC)
I love all the fight-fire-with-fire ideas! Decades ago, we had drug addict tenants in my building who played very loud rock every night from about 11pm to 4am. Every night.

Of course, then they'd sleep (pass out) until mid-afternoon. Until we and several other tenants found the perfect ammunition: one of the classical music radio stations was live broadcasting Wagner's Ring Cycle from Germany. And because of the 6-hour time difference, the broadcasts began in the morning...

Yup, Brunhilde and the gang at full blast! From multiple apartments. Problem solved - danke schoen.
Richard Ward (Hong Kong)
Following up TS-B's suggestion.

Organize your neighbors. You all line up your speakers against the party-hearty neighbor's walls, all start playing different sorts of obnoxious music and talk radio at 6 AM, crank up the volume and go out for the day.

Repeat as necessary.
Kilroy (Jersey City NJ)
Make sure she's home, then crank up all ten of Mahler's symphonies and go out for the day.
Jethro (Brooklyn)
Not a good idea. That kind of behavior can backfire badly.
Dot (New York)
Is it just my impression -- or has this serious problem drawn an unusually HUGE number of responses? I can't imagine having to live this way with no action from the landlord. I have twice left (polite) letters under the doors of offending, late-night-socializing-with-music neighbors and fortunately the letters worked.

I was definitely one of the lucky ones -- but this should absolutely not be tolerated. It might take some real city-wide action with the help of local representatives to enact some really strong statues.
David--Philly (Philadelphia)
If the noisy neighbor retaliates, how about a restraining order ?

David-Philly
TS-B (Ohio)
Not to make light of a serious situation, but years ago my parents lived in the end unit of four townhomes and the home attached to theirs had two teenagers living in it who would regularly blast their music. This ended the day we turned my dad's large stereo speakers to the wall and blasted polka music at an epic level.
The other issue was one of the teens would smoke out on the deck and toss the cigarettes over to our deck, and this particular behavior stopped when one day I sat out on the deck and tossed the cigarettes back over to the kid without saying a word.
jiwhit (New York, NY)
I was in this situation for EIGHT YEARS, tried it all and can tell you that nothing works if your landlord has no resolve - and most don't. Living like this can kill you dead (I was having some scary heart palpitations). At best it will rob you of happiness, your sanctuary in this world, and make your life very small as you stop entertaining, reading, cooking or eating at home, and on and on. I lived in a gorgeous, pricey apartment that was often unusable. To anyone going through this: if you've already spoken to the landlord and the problem is continuing, you're wasting your valuable Earth time doing anything further. Hoard your duckets and get out. There are rooms for rent all over the place if you need to save money for a while. Best idea of all? Go out to the 'burbs or leave NYC altogether. I stopped fighing for the right to be miserable and moved out of town. It has been the best decision I ever made.
Laura Phillips (New York)
I was in a similar situation years ago. Reasoning with offending neighbor didn't work and landlord not very helpful. Saved my sanity by moving out,
realist (new york)
Invite all your other neighbors to your own party and have them bang on her door and make a lot of noise when she's sleeping.
michele (toronto)
Note that if you want to catch your noisy neighbor sleeping when you do this, your party should be a brunch party. Loud music, lots of bloody marys, drumming circles, wall-banging -- I bet your friends will be lining up for brunch at your place!
TSV (NYC)
This is a real problem. As someone else commented, there is NOTHING more important than one's peace and quiet.

Here are some thoughts:

1. Keep up the pressure. Continue to contact the landlord and encourage him/her to work on your behalf. You are paying for the right to live a
peaceable existence within your own apartment.
2. I agree with Mr. Himmelstein and others here who have said you need to rally neighbors. They can't be too happy this situation either.
3. Use noise reduction CDs and/or headphones.
4. Take a break (worst on weekends?) and stay with friends/at a hotel.
5. Research measuring decibel levels and measure those coming from neighbor. Compare findings to NYC laws regarding ambient bar noise (for example). Noise levels above a certain level are illegal.

Good luck!
nerdrage (SF)
Even the hardiest of partiers must sleep sometimes.

And that is when you can have loud parties of your own.
LaurieLee (New York City)
Thank goodness I live in a co-op building. I've had the too loud music problem a few times, I just buzz down to the Doorman, he calls that apt. and tells them to lower the music, at least for me that has worked. If it didn't next would be an email or call to the office you dealt with when you purchased your apt, they can send a letter to the offending tenants stating that they have received complaints and point out that in the House Rules certain noises are not allowed after a certain time.
PrairieFlax (Grand Island, Nebraska)
Thank goodness I live in my own house in a small city in a prairie state. I couldn't take co-op living and its goose-stepping rules.
michele (toronto)
Yeah, making people be considerate to others is what Naziism was all about.
EGD (California)
While pursuing appropriate legal fixes, a decent pair of noise cancellation headphones might provide some temporary relief.
S F (vienna)
Move asap.
Norton (Whoville)
I had a downstairs neighbor who was not noisy, but an aggressive, menacing drunk (and a psychotic one as well). The owners (they were a very large all-city corporation) sent managers to talk to the guy, but refused to kick him out. I got the feeling they felt sorry for him(they kept mentioning they wanted a relative to take care of him). The drunk harassed and threatened all of my neighbors (everyone was afraid of him) but I had the misfortune of living above the creep. I finally got enough money together to move. Frankly, I felt sorry for any future tenants. I had the police over more than a few times and they talked to the cretin as well, but they told me they couldn't do anything for me unless the guy got physical with me. Verbal harassment was not enough, apparently. I almost got a restraining order, but figured it would not do much good. The only way that guy was going to stop his escalating dangerous behavior was if the coroner carried him out.
Randy (<br/>)
I would spend the hours that I was being kept awake by this disrespectful person devising ways to silence them through fear and intimidation. Which is why I no longer live in an apartment building.
O My (New York, NY)
I'm always up for a good party. Could you provide me with the address and buzzer number here in a reply? ;)
nerdrage (SF)
Crash the party with loud drunken smelly friends. I'm sure you can find many party-ready individuals from the homeless population of NYC. And they deserve some fun, too!
Andy (Salt Lake City, UT)
By all means, pursue every legal avenue you have available. If you still find your living situation unlivable though, I would try peaceful, non-confrontational intervention instead. Please consult a lawyer before trying anything I'm about to mention.

I once lived in an apartment building with a very experienced and registered ham radio operator. I think signal intelligence was his hobby. Either way, you could tell when he was broadcasting or receiving because everything broadcast would go funky. Think 1950's antenna-ears funky.

Fast forward a few months. We had a new tenant move in a few floors down that loved to blast music into the enclosed brick space between units. Loud. Very loud. Sure enough though. Anytime the music was on super early or super late, you'd start hearing this inexplicable static interference. Sometimes it would be an entirely different song. In a few minutes, the music would turn off.

Problem solved.
doy1 (NYC)
I smell a rat. As another writer here noted, it's highly suspect that a landlord of rent-stabilized apartments is not seizing the opportunity to use the noise complaints to evict a nuisance tenant.

I bet Ms. All-Night Party Animal is employed by the landlord to make the other tenants miserable - and force them to leave. You can expect this to escalate to intimidation, destructive "repairs," etc.

Also odd that police claim they can't do anything - hmmm. I've had to call the police for similar situations in the past and they responded quickly - and the offenders, confronted by uniformed police, backed down. Eventually those individuals were evicted.

All-night riotous noise with banging on walls is usually a sign of criminal activity such as drug use & sales and/or prostitution. So next time you call police, make that your complaint - not just noise, but that you fear something dangerous and criminal is going on.

Be sure to make such calls anonymously. And get other tenants to make similar calls and complaints - don't go it alone.

Yes, do call 311 - and also your local city councilperson, media, etc. Document EVERYTHING.

Do NOT withhold your rent - that gives your landlord legal ammunition to evict you. And I doubt he cares about the loss of rent - he just wants all of you out. You and your fellow tenants need to organize a tenants' association, hire an attorney, and take LEGAL actions as a group.

Be smart about it and you CAN win - my group did.
Mizmoon (New York, NY)
It's still incredible to me that the city forces landlords to subsidize rent for the entitled people of the world. Yes, organize all the freeloaders in an association and harass the landlord further. That's the NYC way.
Stephanie (California)
Huh? Since when does poor/working class equal entitled?
Jethro (Brooklyn)
The NYPD are usually pretty useless in these situations. They responded quickly to a noise complaint? In NYC? All the police will normally do is ask them to keep it down, and that doesn't work with a boorish neighbor.

The best hope is enlisting the help of other neighbors to engage the landlord. If the landlord isn't responsive, your only recourse may be move.
ingrid (nyc)
I had a crazy super wbo lived in the basement below my 1st floor apartment. Every night at 8p, the music would start. By 11p, I'd call the cops. By 1a, they'd show up. By 115a, they'd be gone and the music would start again. They never once issued him a summons, even though they witnessed the disturbingly loud music. They offered 0% options. I went to housing court where the judge would sign an order stating no music after 9p, which the police just kind of laughed at when I'd show it to them and the landlord refused to acknowledge. I wrote to my landlord, my council member, my senator, HDP, the governor and the attorney general. Nobody did anything. Six months after I moved I got a form letter from the attorney general asking if I was still being harassed and could I provide proof of the harassment.
drymanhattan (Manhattan)
Is it possible that the nuisance has the blessing of the landlord, who would like to drive you out of your rent-stabilized apartment?
CK (Christchurch NZ)
Landlord is not involved in noise complaints in NZ. The local government ( ccc or Christchurch City Council), have a Noise Complaints Officer you complain to. They investigate and issue a notice to offenders and if noise is repeated within 72 hours, the Noise Complaints Officer returns, with the police, and confiscates the noisy musical equipment from the offending household.

If it is a State House then the NZ Tenancy Act states you can complain to the government and the offending person/persons can lose their government State House if they are terrorising/disturbing the neighbours.
PrairieFlax (Grand Island, Nebraska)
How does that help the letter writer?
jiwhit (New York, NY)
When I was in this pickle, I saw that NZ and England are SO far ahead of us on this. Their response to noise - which make no mistake, is deadly - is spot on. We could take a lesson.
jmhjacobs (Bayarea)
But being smug about your residence in a prairie state did?
Arsenio Malaperda (Queens , NY)
As a practical matter there's not much you can do.
Unless you enjoy and have time to spent for endless calls to the authorities and recording useless info , time the event occured etc....
No one has an serious incentive to stop this.
The number one complaint in NYC is noise and has been for decades.
CK (Christchurch NZ)
In New Zealand, our local government (Council) has a Noise Complaint Officer. You'd put in a complaint to them and they'd investigate it and close down party. You could also ring the police in NZ and they stop noisey parties.
Lawyers must be milking in the money in the USA. I've never understood how USA citizens sue everyone. Better to have the local government and police deal with noise complaints then it costs the victim nothing.
paul (blyn)
If you cant beat em, join em...
Activist Bill (Mount Vernon, NY)
And if you don't join em, beat em.....
paul (blyn)
good one activist bill...
paul (blyn)
All jokes asides here....I have been on both sides here...bad tenants and bad landlords.....

In this situation, get a lawyer expert in the field, with a good rep, be willing to shell out thousands of dollars and if possible get other tenants on your side.

An alternate, albeit rarer way, and apparently not in this case, if you are friendly with your landlord to partner with them and other tenants to get the bad tenant out...
Maryann (Brooklyn, NY)
Unless the law has changed, you cannot withhold rent in a rent stabilized NYC apartment without a court order. If you do so, you can be evicted. Get your neighbors to pool their resources and get an attorney. It will be worth it. Just because you have the good fortune of living in a rent stabilized apartment does not mean that you should have to put up with this kind of harassment.
Into the Cool (NYC)
I don't believe this is the case if the rent goes in an escrow account.
sdunford (Norwood)
Its not the case. I've run a non-profit housing company for 25 years and you do not need a court order.

But before withholding rent send a letter Return Receipt Requested detailing the problem and giving a contact number so that the owner can get in touch with you. Keep a copy of the letter and the receipt that says it was mailed as above. Housing Court does not require that you have a copy of the post card showing the letter is received, but you will have to show proof of mailing.

You do need to make sure you have the money in a safe place and are prepared to put it into escarow when and if a court case begins.
JEG (New York, New York)
Very surprising (and a bit suspicious) that in a city in which landlords supposedly seek every means possible to evict tenants from rare rent stabilized apartments, that the writer's landlord was blase about the loud tenant. I wonder whether there is a familial connection between the landlord and the loud tenant. In any event suing your landlord can have negative repercussions for future rental options.
K (Chicago)
I lived in a building with many rent stabilized tenants who tortured the rest of the tenants with noise and all manner of misbehavior, and the landlord refused to do anything. They always told me they simply could not win in court against a rent stabilized tenant and they weren't going to try. The law is completely on the side of the tenants; everyone else is their victim. I sold and moved.
Andy (Salt Lake City, UT)
Rent subsidized apartment. Cheap housing in general actually. So long as everyone is paying rent, the landlord doesn't care. It costs more to vacate and occupy an apartment than the landlord will ever gain from turning the unit. If they could turn a profit on eviction, they would evict. Otherwise, they won't do anything until the cost becomes too high. That's affordable housing in New York. Don't find yourself on the wrong side of the equation.
jack benimble (nyc)
thats why i bought the only unit on my floor that adjoins me,,

no common walls

no fuss

no noise
Valerie (Manhattan)
How fortunate for you that you had that option.
FSMLives! (NYC)
Better buy the ones above you too.
John Smith (NY)
If I was getting subsidized through archaic rent regulations I would use the money saved each month to either soundproof the walls or just spend more time at my vacation home in the Hamptons paid in full by rent stabilization rent savings.
FSMLives! (NYC)
Go by Stuyvesant Town any weekend and see all empty parking spaces on the street because all the rent stabilized tenants drive their shiny new cars to their luxurious vacation homes.
Steve (East Village)
John,
Here are some cold, hard facts about rent stabilized/controlled tenants in New York City: The Median Household Income of RS/RC tenants in NYC is just $36,600. What's that you say? That RS tenants in Manhattan are wealthy because that's what you read? Sorry to disappoint you, but even in Manhattan Community Boards 1 -8 the Median Income is $57,780 (compared to $110,000 for market rate tenants). Oh you say, but their rent is so low! Well, 58% of New York City tenants pay over 30% of their income to rent, while 34.8% pay over 50%!! Compare that to Market Rate tenants, only 30.8% of whom pay over half of their income to rent. So, you splutter - those rent stabilized apartments are huge, and I live in a tiny little shoebox! Well, my friend, the average number of bedrooms in RS/RC apartments is 1.4, while the average size of market rate apartments is 29% larger (1.8 bedrooms). But, but, but you're thinking - all rent stabilized or rent controlled apartments are inhabited by just one, person! Sorry to tell you, but wrong again - there are actually more people living in each market rate apartment, 2.6 people versus 2.3 people average in the controlled apartment.

So you see John Smith, all of your assumptions are just wrong. Those of us in RS/RC are hard-working working and middle-class people, and it is YOU in a market rate apartment who is more likely to be able to afford a vacation home.
http://furmancenter.org/files/FurmanCenter_FactBrief_RentStabilization_J...
Ericka (New York)
a rent regulated apartment is not necessarily an inexpensive apartment. Wages in NYC are not that great for the average 20 or 30 something.
Sheila (Rego Park, NY)
We had a similar problem many years ago when we lived in Brooklyn. We tried reasoning with the neighbors, calling the police, everything we could think of. We ended up moving!! Unfortunately because it's so expensive and such a hassle to take legal action, the neighbors can end up "winning the battle by default." I am so lucky now that my apartment is quiet. There is NOTHING more precious than peace and quiet.
jw (somewhere)
Blast her back when you know she's sleeping or doing something quiet. A thumping bass can be quite annoying on the receiving end.Hopefully your neighbors will join in and she'll get the message.
Not Trusted (Portland, Oregon)
This is passive aggressive behaviour.
jw (somewhere)
It is.so?If being neighborly doesn't work and landlord is obtuse why not .Just do as a group.
Norton (Whoville)
Who cares if this is "passive-agressive?"(like the noisy tenant is such a paradigm of good mental health?) Honestly, what are the neighbors to do about this rude behavior -- no one in charge seems to be able to handle the problem. So the other tenants should just tolerate it?
David Binko (Chelsea)
Most New Yorkers are respectful of their neighbors. Keep the pressure on the wayward tenant in terms of voicing your complaints directly to her and the landlord. A tenant group, whether a formal association or informal group will also be a help. See if you can get a mediator to intervene, often City Councilmen can get you in contact with one for free.
Patricia Conlon (New Jersey)
If you're going to withhold your rent, first send your landlord a Notice to Cure, then put the rental amount in an escrow account. This clearly indicates that you are serious and in compliance with the law.
doy1 (NYC)
The main thing is: whatever you do, do it legally, with legal advice, and do it as part of a tenants' group action.
Susan (In a deep state)
Doesn't the city take noise complaints?
When you ask a lawyer for his advice, it shouldn't be a surprise that the suggestions are all legal ones.
**ABC123** (USA)
Another thought... you should dial 311 and report the complaint to the NYC housing dept. Landlords must respond or they will have consequences.
**ABC123** (USA)
I would also suggest recording the noise/time of the night on your phone just in case it might come in useful as evidence against your landlord.
**ABC123** (USA)
I'm a NYC landlord. I would never stand for a tenant having loud parties like this all hours of the night. It's not only bad for one neighboring tenant but it's also bad for the other tenants (my customers) and therefore my business. I agree with the suggestion of getting other tenants together and withholding rent. Even if no one joins, you should withhold rent. Don't worry about getting kicked out. The NYC housing courts will side with you (they hate landlords) and will do so a long time. And, if it did come to it where you could get kicked out (I doubt it), then just pay in full at that time. You have a lot of rights in a rent stabilized apartment. Don't let your landlord allow you to be treated this way!
Mark Smith (New York)
I am a landlord and I write it right into my leases that addresses late night noise making it a breach of lease to violate that term. That makes it easy to evict the uncooperative tenant. And in NYC it's not difficult to find another tenant.
Andrew Porter (Brooklyn Heights)
If you withhold rent, pay it into an escrow account. And hire a good attorney!
Present Occupant (Seattle)
I want to rent in your building, ABC123! Here's wishing the livable city movement more strongly acknowledges the concept of civility -- key to the health of a city and its denizens. Idea: If you are planning a party, invite your neighbors. At the very least, they can then anticipate noise and can plan accordingly.