Tenant 2 year noise issue

[Kyle M Nedd]

just readings one articles with tenants and tenant laws in NYS. In one of the Reddit post  in  a two family home , there is tenant with a 2 year old who who off and on jumps around and the neighbour downstairs is constantly complaining .. the family upstairs has been respectful and has place foam mats to deviate the noise , but it’s not enough for the other tenant.  at this point it’s become an issue for landlord. I know every state is different , but can the landlord  file notice of eviction because of the noise in NYS. I certainly thinks it’s unfair since I read the tenants  with the 2 year has been more than 3 years .. with the new tenant being there for less than 6 months.. and have kids , you can’t stop a 2 year from being a kid…has any experience this in upstate or New York State area… is this even legal In NYS

[Nathan Gesner]

You probably cannot evict/terminate someone for noise produced through ordinary events during the day. If this kid were bouncing off the walls at 3am, then they would have grounds because it's a violation of quiet hours. During the normal day, people are allowed to live their lives, including a two-year-old jumping around like a kangaroo all day.

I would give the downstairs tenant the option of leaving early if they give at least two weeks notice. Get rid of them, find someone that can handle ordinary noise from a kid.