Q: I live in a rent-stabilized apartment in Manhattan and the neighbor above me is constantly moving. From as early as 6:30 a.m. and until 10:30 p.m. at the latest, we hear heavy footsteps back and forth, moving furniture, bangs and what sounds like a loud machine. His apartment has been updated, replacing the old hardwoods with laminates that look like hardwood. I heard of an ordinance that requires carpet or rugs on 80 percent of undeveloped floor space. Is that correct? What should we do?
A: Tenants in New York City are entitled to a livable apartment. There are laws and building codes that can help you deal with excessive noise.
First, look at your rental agreement. Does it contain rules about quiet times or “nuisance behavior”? These should be enforced. Many buildings also require that 80 percent of the floors be carpeted, although this is not a city ordinance.
The noise you hear, such as Such noise, such as heavy pounding, can be aggravated by inadequate sound insulation that was installed incorrectly, said Alan Fierstein, noise consultant and owner of Acoustilog Inc. in Manhattan. Carpeting would muffle the sound of small objects landing on the floor, but not heavy footsteps, he said.
Although the city’s noise regulations prohibit unreasonable noise, professional testing to determine how loud and how often the noise occurs is expensive.
You could politely tell your neighbor that the noise is disrupting your life and ask them to take measures to prevent it, including at certain times. A noisy machine with a fan or filter might benefit from a thick carpet or pad underneath, Mr. Fierstein said.
“If that fails, it is up to the landlord to enforce the terms of the lease by requiring the noisy tenant to install carpets or rugs and observe quiet periods,” said David A. Kaminsky, who practices real estate law in Manhattan.
To encourage your landlord to take action, send him a letter by certified mail with acknowledgment of receipt informing you that you cannot live in peace in your apartment due to unreasonable noise and requesting that noise tests be carried out. You can remind the landlord of the Warranty of Habitability, a state law that protects tenants from “conditions that are dangerous, hazardous, or injurious to their life, health, or safety,” as well as any relevant provisions in your lease.