Does all of New York state have a noise code?
Full Question:
Answer:
Typically, rent laws require a landlord to provide a habitable apartment free from conditions that negatively affect the tenant’s life, health and safety. So, if noise is so loud that it makes it impossible for the tenant to sleep, he or she may have a right to withhold rent and force the landlord to remedy the situation.
A landlord can remedy the situation by bringing a proceeding against a noisy tenant and seeking to enforce the terms of the lease.
The tenant should note, however, that not every level of noise constitutes a breach of the covenant of habitability. Courts have said that in city living, “certain amounts of noise generated by a tenant are simply going to have to be tolerated by the neighbors.”
Government agencies are hesitant to get involved with tenant vs.. tenant disputes unless the landlord refuses to help.
It is possible for the aggrieved party to sue the one making noise, assuming all informal attempts to resolve it have failed. The claim to the court would be ''interfering with the peaceful use of the property".
While courts tend to be cautious of actions brought by landlords, looking upon them as a veiled excuse for eviction, those brought by a tenant about a neighbor are treated as a genuine grievance,. The judge normally moderate approach such as placing a limit on the hours when a radio could be played. Such an action brought by a tenant, if decided promptly, would probably cost around $1,000 in legal fees.
If no attempt is made to resolve the complaint outside of court, the court may be less favorable and allow the claim. It could be seen as a breach by the landlord for "breach of the warranty of habitability" which excuse the aggrieved tenant from paying rent.
Noise ordinances are passed locally. We are unaware of other municipalities in New York state who have adopted similar noise codes as the one in New York city. You would have to check with the local government to see if a similar noise ordinance has been enacted.
You should also check with your landlord to see if your lease has been violated by interference from another tenant.
There are various strategies for dealing with noisy neighbors. Some of these include:
-Discussing the problem with or writing a letter to the offending neighbor
-Calling the police/sheriff's office to file a complaint
-Asking the landlord or neighborhood body to remedy the situation
-Filing a lawsuit for breach of warranty of habitability, peaceful enjoyment, infliction of emotional distress, nuisance, harassment, etc.
-Talk to a councilperson about passing a local noise ordinance
Depending on the bylaws of a housing association, a tenant may be required to have certain soundproofing measures. I suggest contacting city hall or the police department to determine if a local noise ordinance has been passed. It may be possible to petition your local representative to enact a noise control ordinance if one doesn't already exist. Most local governments have some form of noise control based on either subjective nuisance or disturbance based standards, or an objective decibel based standards, or a combination thereof. Many of the subjective noise ordinances seek to control excessive noise that is of such character that it "tends to annoy, disturb or cause physiological or psychological harm to a person with normal sensitivities." Improvements in sound measurement technology and federal noise initiatives have led to a trend among local governments to adopt detailed objective decibel-based noise regulations that incorporate noise emission limitations and noise assessment criteria. These ordinances are often combined with traditional nuisance based regulations that allow for a two-pronged approach to noise control.
In most cases, setting up a video monitor is legal unless the cameras represent an unreasonable violation of privacy or the images are being used for commercial purposes without a person's consent. A neighbor has a right to survey his property as long as he does not violate your rights to privacy. If the camera views the outside of your home and garden, it is generally not an invasion of privacy, but if the camera is surveilling the inside of the home, rights to privacy are violated.
The CCRs may regulate the installation of devices that are visible from the street or from a neighbor's property. The CCRs often regulate the installation of satellite dishes and HAM radio antennas, for example. The same CCRs may require a homeowner to obtain HOA permission to install security cameras unless the cameras are unobtrusive. Any applicable CCRs should be carefully analyzed to determine if you complied with CCRs and architectural guidelines before installing the security cameras.
Please see the information at the following links:
http://nyc.gov/html/dep/html/air_and_noise/index.shtml
http://www.ci.nyc.ny.us/html/dep/pdf/noise_code_guide.pdf