In publishing our newspaper, we frequently receive letters from readers complaining of noisy neighbors, of the loud music that reaches their homes from nearby cafes and discos, of the roar of subway trains underground, of car alarms which wreck their nervous systems, etc. “What to do?” they inquire. “How do we rescue our ears, nerves, and hearts? We cannot live like this anymore,” the indignant residents write.
Alas, bad neighbors, regardless of whether they are individuals, businesses or public transport rides, can really transform one’s life into a hell. Especially in a city like New York. Experts point out that “The Capital of the world” is the noisiest city on the planet. It’s a demonic city, ascertains the New York Times, cheerfully passing along the observation that the Big Apple is becoming noisier.
According to polls carried out in the last 45 years by local police officers, it was discovered that 43 percent of city dwellers consider noise to be their main problem. Naturally, the problem also affects those who are guilty of this cacophony of sounds: from neighbors behind a wall and car drivers to boiler rooms and construction companies. It is obvious that today the problem is even greater.
Most of us have no idea that in the ‘60s and early ‘70s, the city passed so-called noise laws. The first was the New York City Noise Control Code. The city specified volume norms levels. If business owners (a bar or disco, for example), exceeded the levels, the city could fine the business. It was also forbidden to use loudspeakers on the street to advertise goods. And a lot more. The law designated the Department of Environmental Protection (DEP), a city agency, to enforce the code.
A different set of regulations—the Building Code—specifies limits to the noise made by various equipment in apartment buildings. We certainly will not examine these two laws scrupulously, there would not be space in the newspaper for it. However it must be noted that the presence of good laws does not automatically mean that they are enforced. If the New York laws against noise were fully observed, I think that many of us would simply lose our minds from the ensuing silence.
I am quite certain, however, that this will never happen. And if we are to lose our minds, it would be for the opposite reasons. And not only our minds. Research confirms that the excess of certain sound parameters can cause and quite often does cause stress, the increase of arterial pressure and results in compromising heart rhythms.
If we trust the official figures gathered from Management Report on City Agencies, we might get the impression that the struggle against noise is progressing successfully. Nearly 97 percent of all complaints are taken care of, the city says.. Experts disagree—the figure is only accurate if one ignores the number of calls concerning noisy neighbors to the police (as opposed to 311) and the real number of successfully completed inspections by DEP representatives. Of course, business owners or landlords can fight DEP fines by taking their case to court. It must be remembered that most of these fines are simply absurd. What’s a $100 to a bar owner if the muffled music slows business? The matter will reach courts when the sum of the fine exceeds $1,000.
Either way, knowledge of your rights still gives you, however small, a chance to calm the noise. I admit that for years I was under the impression that neighbors can lawfully play the TV or stereo at full volume and, in general, to behave noisily until 11 p.m. Not according to the Noise Code. If your neighbor decided to hold a band rehearsal in his apartment at noon, you have the right to call the police, inform the landlord or call the DEP.
Which agency is best to call depends on the specifics of your situation.
If you call the police and the cops do not show, call again. Do not feel ashamed to ask for the name of the officer on the phone so that if your call is ignored, you are able to complain to his chief. It is possible to also involve the Community Board or the politicians representing you in local and state government.
By all means, inform your landlord. If he or his representatives do not react, threaten to withhold your rent if he does not get involved. However, you must be prepared to state your case in housing court.
Experts say that pressuring landlords is the most effective way to solve the problem, because the police are not thrilled by noise complaints. “How dare they distract us from what we are doing in order to deal with a loud radio or a neighbor who decided to move his furniture in the middle of the night?” they think.
DEP inspectors would very much like to help you with your struggle against noise, but there are not enough of them. Only about 40 people to cover a city as huge as New York —it is a drop in the bucket. If one trusts the DEP’s own statistics, it works very successfully even with such a small staff. As for the reality—the readers’ guess is as good as ours. DEP heads admit that inspectors very rarely react to complaints that promise to be a hassle: the so-called “low priority complaints.”
So, only the landlord remains. The person who signed your lease. Look over your lease to make sure it specifies certain guarantees from the house owner to the tenant, including the opportunity to live in quiet conditions. First, try to convince your landlord to actively resolve your problem. Once you have complained (don’t forget to keep a copy), and if you are still ignored, you can probably legally withhold your rent.
So, where to complain of noisy neighbors?
Everyone knows how to call the police.
The NYC Department of Environmental Protection - 718 337-4537.
You can also complain in written form to the following address: 59-17 Junction Boulevard, 10th Floor, Flushing, NY 11373.
If you decide to settle matters in court, then learn the phone numbers of the New York State Supreme Court and the New York City Housing Court.
