Wednesday, January 20, 2010

When the decibels are out of range and the tenant and your landlord do not respond

Buy this:

http://www.homedepot.com/webapp/wcs/stores/servlet/ProductDisplay?storeId=10051&productId=100659791&langId=-1&catalogId=10053&PID=603315&cm_mmc=CJ-_-pricegrabber-_-D25X-_-100659791&cpncode=24-70258547-2&AID=10368321&cj=true&srccode=cii_5784816

Put it inside the closet window to the your adjoining wall.

Consult the New York City Environmental Department's Noise Ordinance of 1998 (here: http://www.nonoise.org/lawlib/cities/newyork.htm); particularly Section 24-220 Sound reproduction devices (b); Section 24-241.1 Commercial music; Have you Heard [ http://www.nyc.gov/html/dep/pdf/noise_code_guide.pdf ] is the updated law July 2007

Accordingly notify the tenant and landlord and the City of application of such results to the 2007 rev law. If such parties do not respond sue their ass off because the city will never come.

LOL (quiet, inwardly, side laugh)
"As far as people like you and me, if your dog is barking for over 10 minutes during the daytime and five minutes at night, fines start at $75 to $175 for first offenses."--
http://www.associatedcontent.com/article/290727/new_york_citys_noise_code_goes_into.html

A musician is entitled to practice time. They are not entitled to abusive practice time such as 11:45pm on a weekday or 1am-5pm with their band on a weekday. Nor are they entitled to continuous 4 hours of such practice at any time. Recording tracks, band rehearsing, playing pieces of your radio show or your musical track or your phone conferences or whatever on your speaker next to the wall and on the floor is clearly not within the realm of being a practicing musician. These are commercial efforts and this building is not so zoned.

If these doughheads had just been in moderation about things with some consideration I would not have had a problem. However, I have submitted a complaint to the HPD two weeks ago about a building zone violation. I have not heard back on this. Just another item to have to deal with a city that really doesn't have its shit together.

For instance, the last four hours of noise have been consumed by undoubtedly illegal concrete drilling in the back of the building that has been shaking my floor. In response to such luxe sound, the musician, having a business conference or editing a radio show on loud speaker has turned up the volume even more. Should I be on a phone conversation with my mom such musician plays even louder as if to drown me out. Heck my mom can't even hear me.

Because after all, musicians are the only ones who live in this City. That's how people operate here. They bring their dogs into the stores where the dogs pee on the floor, they let their dogs defecate in the middle of the sidewalk and they don't wipe it up entirely. These are not the best people and they do not deserve the best. I think these buds are going down.

The barking dog owner said just knock on the door and tell them. I said I wrote them a letter detailing what I was experiencing and asked them if they knew the source. They never answered. The response to my letter was playing from 1am -5am in the morning on a weekday, additional band rehearsals starting on a weekday at 11:45pm and as I stated they've been playing their conversation or radio show on a loudspeaker turned up high enough to vibrate my sofabed which is at the opposite wall. That wall we share is vibrating and so is the floor. There is no excuse for such behavior. They drown my life out daily with their sounds.

When was it that we lost freedom in this country; that we lost our habitabillity in this City?

A musican is not entitled to drown a person out with any noise they might like to make. Now these jerks are playing on their guitar.

I am a musician. Everything I do is on headphones, so I really don't get these people at all. I'm incredibly tolerant. The first two months I was like I don't where the sound is coming from. So I just figured it out piece by piece, i.e. their slammed door, the noise stops; entering the building and the music is coming from the stairs and as you enter my apartment the music sounds as if its coming from my apartment. The corner of such apartment vibrates and is loud with the music.

Even then with proof positive I wrote a polite letter to the offender. Weeks after receiving such letter they still had not answered. I wrote a letter to the landlord. When I next saw the landlord I told him and he did not answer me but grimaced. Right up there in the answer to all the things inhabitable about the person, hands stretched the apartment was not ready and you should not have moved in.

The lease states there is to be consideration of your neighbors as to noise. That noise after 10pm was to be kept down. Such rules may be found in the house rules which every tenant and shareholder residing or renting in this building has signed the house rules alongside the landlord's signature.

The person who owns the coop where this fairly new tenant resides was over the top about noise. The first day I moved in I was venting about the place being outrageously filthy ti was way before 10pm on a weekend evening. The super had told me he had cleaned the apartment when I called him to check. That tenant banged on my door and shouted at me to keep the noise down. She was not a tolerant person.

Compare her to me for I have been incredibly tolerant of her tenants. I have given them undue time to resolve their noise problems. For me the next step is preparing for court, recording the decibels, printing the months long diary and correspondence to tenant, landlord and city and writing that one last letter to all. Their last chance; after 30 days we will be in New York Supreme Court with all the parties and I will win.

Isn't life a joke in New York City.

Ha I keep a diary of these incibels, its the only way to keep it straight.