Rent-stabilized tenant with noise complaints

Rent-stabilized tenant with noise complaints

Member since 2020 · 2 posts · 0 votes

First time here, I need help with a tenant in a rent-stabilized apartment in Brooklyn making noise complaints. I will try to state facts as best as I can. 

The Good: Rent-stabilized tenant and family have been in the apartment for over 28 years, the tenant is very handy and I can’t deny he has made many improvements to the unit over the years out of his pocket. Has also handled all his own maintenance and repairs (except for big ones) and no late rent payments during tenancy either. 

The Bad: Tenant spent two years traveling sporadically for work and had relatives move in as roommates without asking me. But they still claimed that apartment as permanent residence, his wife still lived there. Apparently she did not want to live alone and so they had relatives/roommates move in. That bothered me, and I was very much hoping and pushing them to move out because of how much it bothered me. 

The Situation: I moved a family of 5 upstairs of them, and the tenant has constant noise complaints now. They wrote me a certified letter with all the noise complaint details, as well as recordings. Upstairs neighbor has threatened them for complaining too. From what the tenant has recorded and the building super has told me, there is constant stomping/yelling/things dropping/talking from above from 6am to 11pm, and that the tenants ceilings and furniture vibrate and shake constantly. Also things have fallen off tenants’ walls twice and broken. The upstairs neighbor is angry about complaints and put down rugs, but the noise is still an issue. Tenant has now had to vacate their unit to live elsewhere since in NY, we are all quarantined and the tenant and his family cannot live in the apartment (they were all apparently sleeping in one room since the rest of the apartment was unusable due to the furniture shaking). 

Question: Downstairs tenant wants me to install carpet in the upstairs apartment to see if it solves the noise/shaking problem or to buy them out of their rent stabilized lease since they have spent $10 grand fixing it themselves (they have receipts and proof from the super unfortunately). With the ****** new rent laws in NY, I cannot raise the apartment rent to market rate because it is rent stabilized if they move out, can I? What incentive do I have to buy them out of the apartment to shut down their noise complaints? What is your suggestion on the noise complaint? Tenant has started to speak about taking this to court since I have not answered or completed any of their maintenance/repair requests this year and they have had to do it themselves and have proof (why would I do it when they pay for it themselves?)

Let me know your thoughts.

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Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
6y

From what the tenant has recorded and the building super has told me, there is constant stomping/yelling/things dropping/talking from above from 6am to 11pm, and that the tenants ceilings and furniture vibrate and shake constantly. Also things have fallen off tenants’ walls twice and broken.

The upstairs tenants are clearly violating the peaceful enjoyment of the unit to the downstairs tenant. What has been documented is well beyond the scope of normal noise. Send them a Cure or Quit notice. If the noise continues, file for eviction. The fact they spent $10K fixing up the place is meaningless. 

Your downstairs tenants lived there for 28 years without noise issues from above. Pretty cut and dry that the new tenants are not behaving properly. 

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  • Real Estate Investor · Chattahoochee, FL · Member since 2014 · 133 posts · 107 votes
    6y

    Have you done a cost analysis on having the tenant transition? Do you come out on the up side, if not, how long does it take to get back to profitability? 

    Other things: rent control aside, this has been an excellent tenant in my mind. Doesn't complain, fixes his own issues and probably helps others when they ask if he has time. He has probably saved you significant headache. I'm inclined to keep such tenants happy if possible. He's been there nearly 3 decades - Wow. I suppose with rent control that is not what you want. However, the new tenants are the problem. They need to keep their kids under control between 9pm (possibly 10pm) and 7am during the week (I'm assuming they're kids). Your lease should have some statements about appropriate use and not causing disruption to neighbors etc. My lease has some standard statement in there that allows me to give warnings and take actions according to what I consider to be reasonable if the tenant is disturbing the neighbors. I can't make any statements about legalities or whether you should let them go, but I see this as an issue with the new tenant and as a LL I, personally, think it is our responsibility to ensure that our tenants are cared for in the most appropriate and professional manner possible. It doesn't matter if they are paying fair market or not. You own the building and should address their noise complaints. Here's the other thing, he's telling you that you owe him 10K for services provided related to repairs over the course of the past year? Do you want to lose 10K or fix the neighbor upstairs? It's NY so rents could make up the difference in due time - I don't know. Alternatively, he could sue you for repairs and possibly get a court to agree that you have not responded to any of his complaints - noise included. What if you have to pay the 10k and put in carpet upstairs to satisfy the tenant and he stays in the apartment at the controlled rent rate? Now, you have an angry tenant who will bombard you with repair requests. I imagine after 28 yrs that apartment needs some upgrades.  Here's my last bit: I know it is easier to sometimes let your tenant do stuff like this. I just think it is bad business, but I haven't owned anything other than my skin for nearly 30 yrs.  I make every effort to separate my tenants from the repairs. It will only lead to trouble especially when there is a conflict.  I'd rather pay a bit extra and keep it clean. They're authorized to do small things like plunge the toilet or get hair out of the drain, but any kind of repair has to be paid for by me and I hire a professional or a handyman. If the tenant is responsible for the damage then they pay me.  

    I hope this helps some, but I think it doesn't address your primary question. 

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y

    From what the tenant has recorded and the building super has told me, there is constant stomping/yelling/things dropping/talking from above from 6am to 11pm, and that the tenants ceilings and furniture vibrate and shake constantly. Also things have fallen off tenants’ walls twice and broken.

    The upstairs tenants are clearly violating the peaceful enjoyment of the unit to the downstairs tenant. What has been documented is well beyond the scope of normal noise. Send them a Cure or Quit notice. If the noise continues, file for eviction. The fact they spent $10K fixing up the place is meaningless. 

    Your downstairs tenants lived there for 28 years without noise issues from above. Pretty cut and dry that the new tenants are not behaving properly. 

  • Real Estate Investor · Chattahoochee, FL · Member since 2014 · 133 posts · 107 votes
    6y
    Originally posted by @Greg M.:

    From what the tenant has recorded and the building super has told me, there is constant stomping/yelling/things dropping/talking from above from 6am to 11pm, and that the tenants ceilings and furniture vibrate and shake constantly. Also things have fallen off tenants’ walls twice and broken.

    The upstairs tenants are clearly violating the peaceful enjoyment of the unit to the downstairs tenant. What has been documented is well beyond the scope of normal noise. Send them a Cure or Quit notice. If the noise continues, file for eviction. The fact they spent $10K fixing up the place is meaningless. 

    Your downstairs tenants lived there for 28 years without noise issues from above. Pretty cut and dry that the new tenants are not behaving properly. 

    I think you misunderstood him. The 28 yr tenant has been fixing things. Not the new tenant.

  • Member since 2020 · 2 posts · 0 votes
    6y

    My thought for not addressing this is that in reality the downstairs tenant can't do much of anything. Legally in NY noise complaints are the hardest to prosecute, so it's not like they can take me to court and win a crazy amount of money. I mean, noise is just a thing in apartments, everyone knows that. Does this seem like an unreasonable amount of noise? Sure, I guess. But there's a big chance this case just gets thrown out of court without me having to spend any major money because noise is subjective. 

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