| Martin Butler | Friday, August 24, 2001 - 06:17 pm
In the back courtyard that my living room and bedroom windows face, a new restaurant has installed a very large (7' x 5') and very loud air conditioning unit. I called the EPA, and they have issued two violations so far. The restaurant has made belated attempts to remedy the situation, but they have not been effective. I have to wait for each violation to be answered before asking for another EPA test, so it is dragging on, and my sleep is being disturbed for 5 months now. This restaurant is rented from my landlord. Is the landlord responsible for what he allows on his property? This a larger upper west side building, with some rent control tenants, many rent stabilized tenants, and some "market value" tenants. I sent a letter to the landlord, and he not only ignored it, but tried to intimidate me by being yelling, being rude and hanging up when I called regarding this problem. What should I do next? |
| Anonymous | Saturday, August 25, 2001 - 08:23 pm
That sucks!
I had the same situation happen in my neighborhood in Brooklyn. One was a Starbucks that was being obnoxious, and the other was this insanely bright neon blue sign. The only way that worked in both cases was to bring some bad publicity to the store owner. We had write-ups in the small local papers that are given away free. It worked great in Park Slope, it might work for you. |
| Ronin | Monday, August 27, 2001 - 12:37 pm
Under general principles of law the answer to your question would be yes. Nuisance, breach of contract, etc. But you would have to find an untainted court to enforce them.
The problem is that the housing court and DHCR are so very pro-landlord that they twist even the basic tenets of the law. Finding an appropriate forum is a complex subject in your case.
I would definitely send the LL a complaint via certified mail and regular mail. Include copies of the EPA violations. He is responsible for taking action against tenants who are making excess noise. The tickets are your proof.
What to do after that is the big question. And the answer depends on how far you are willing to take this.
Ronin |
| Martin Butlerr | Tuesday, September 04, 2001 - 06:16 pm
Thank you both for your help and input. I will try going down to housing court to ask the advice of the free lawyers there. I have been told they will help as best they can. I want to try witholding my rent ( however that is done properly). This is not the first time my landlord has allowed excessive noise to disturb me. |
| Ronin | Friday, September 07, 2001 - 11:08 am
Your welcome and good luck! |