Legal Question in Landlord & Tenant Law in New York

Noisy Tenants

For a year and 3 mon the tenants above my apartment have continued to make excessive noise-hours of banging, pounding, jumping, running, stomping. I have over 30 complaints placed to 311 and detailed letters sent to the landlord. The landlord has addressed the issue over and over. They are now in court trying to find a remedy and I am still getting deliberate noise at night (stomping really hard over bedroom, etc.) I was told by the Landlord's lawyer that they can have the tenants sign a stipulation agreeing to stop the noise (in which case all past complaints are dismissed) or they can take them to trial. Due to their behavior, I do not believe that the stipulation is going to work.

Would it best to have a trial now that there is so much detailed documentation? Or let's say if they sign the stipulation and break it, will it be easier to evict them then just based on 1 or 2 noise complaints without any of the past history? I am afraid that all the stipulation is going to do is give them another opportunity and that I will be forced to start from the beginning documenting everything all over again. They are Sec8 tenants and it's a prewar multifamily building.


Asked on 9/24/08, 10:34 am

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Noisy Tenants

This is more complicated than you can possibly imagine. I would get a lawyer immediately.

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Answered on 9/24/08, 10:43 am


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