[marcav]

I'm just wondering if anyone has gone through this . . .

I live in a third floor apartment and my little 3 yo is a little less than sedate . Anyway, the fellow who lives below us has complained about all the noise to the superintendant who relayed the information to me. I went out and bought rugs for all the rooms, and redirect him if he starts to get rowdy. However, I can't anticipate what he's going to do from one minute to the next, and most of the time he gets up before I do (and wakes me up.) Today the super came banging on my door demanding that I switch his and my bedrooms or the tenant will take me to court, and the super will support him. I really have made an effort to keep him quiet, but aside from restraints or tranquilizers, ain't gonna happen. My son is categorized as SN; is there anything they can do legally? And does anyone have any suggestions as to noise reduction?

Thanks!

[Joei_in_NJ]

I am sorry that you are having a rough time with the super - did you go ahead and switch the room? - How about going down stairs and talking with the neighbor? As far as legal - I have no idea - never heard or experienced an teant taking another tenant to court for noise... Good luck and Keep us posted

[marcav]

Thanks Joei. I had talked with the tenant before, and I actually ran in to him the day after the super paid me a visit. I did apologize, and suggested some things I might do to mitigate the problem. The tenant does seem to be a nervous type to begin with (not that that excuses the noise) but the conversation was better. I am not going to switch rooms, as my room is on the street side and noisier, and also attaches to the apartment next to mine. My little guy was quieter this weekend, and I took his toys and put them in my room so that should help. I looked up the Fair Housing Act, and it doesn't appear that they would be able to do much; it just burns me because the super's kid has made all kinds of racket zipping around on his motorized scooter in the parking lot, or playing with his remote controlled cars when my son was trying to take a nap!

[irelady10]

I think that the super may just be trying to scare you...is there any provision in your lease about excessive noise and this being a cause for eviction? If not, I wouldn't worry about it! I live in an apartment, and if I went to the management every time someone's noise in another apartment bothered me...really!!!!

[marcav]

I think that the super may just be trying to scare you...is there any provision in your lease about excessive noise and this being a cause for eviction?

No, just that there should be area rugs. I agree that there's probably little that could be done and the super is blowing a lot of hot air. Incidentally, the amount of time we're talking about is between 6:30 - 7:30 a.m., and 5 - 8 p.m. during the weekdays. Even at that, he watches Sesame Street from 7-7:30 and he's just sitting on the couch! The weekends are more problematic since we're home for much of the time, but still, the noise is more of an episodic nature (e.g., dumping his toys on the floor, throwing something, or running from one room to another) as opposed to continuous.

Truthfully I'm only renting because I was planning on moving to another state, but based on what happens between now and the election, I may just hunker down and stay where I am, in which case I'd buy a house with a backyard and enough space between neighbors!

[MamaS]

I agree with the others. If you have the rugs down, and it is just "normal" noise - no rollerskates, etc. there is nothing the super or the neighbor can do. It is the neighbor's problem. I'll bet he has asked for his apartment to be soundproofed, and the super would rather get rid of you than spend the money. The next time you see your complaining neighbor, suggest that he should ask for soundproofing!
Also, invest in a tape recorder (or better still a video camera) and get some tape of the noise that comes into your apartment. If your super gets difficult, tell him you have documentary evidence of the noise you are suffering, and you want soundproofing too!
There is a really good website for dealing with neighbors like this - pm me if you want the address.