Legal Question in Real Estate Law in New York

Neighbors disturbed by music(piano) practicing

I live in a rent-stabilized apartment in NYC (Manhattan). What are the restrictions with regard to playing(practicing) piano in my apartment? Am I limited to certain hours, rooms, etc.?


Asked on 3/26/98, 10:15 am

1 Answer from Attorneys

Christina Kallas Law Offices of Christina Kallas

Piano playing in NYC

Generally speaking, your right to play the piano will be governed by your lease provisions. Check your lease to see if there are any limits on the time of playing, the noise level, or the area where you play. Your lease may have rules attached; check those as well.

If the lease is silent, you would want to be sure that you are adhering to the noise code, which sets the decibel levels for noise which is allowable.

You don't say much about your particular situation, which would be important in determining your legal rights. Who is complaining: the landlord, or a neighbor? At what time are you playing?

Some daily practice of musical instruments is generally permissible; for example, one hour of drum playing and six hours of guitar playing have been found to be reasonable in some cases. NY courts are aware that NYC is not a rural environment, and there are "certain inconveniences which people living in populous areas must tolerate".

However, the landlord can be sued by other tenants if your noise-making interferes with their right to occupy their apartments peacefully. So the landlord may have the right to evict you, and may choose to do so, rather than face lawsuits from your neighbors. Or the landlord could go to court to obtain an injunction, to preclude you from playing the piano.

Moderation is appropriate. The question is, what is moderate when it comes to piano playing in your building?

I suggest that you talk to whoever is bothered by the noise. Is there a compromise that you could work out? Would putting down carpeting or sound-reduction panels help? That approach might cost you less than hiring a lawyer and fighting a protracted lawsuit. Would changing the hours or times of playing help? Would moving the piano into another room help? Or is the complainer someone who will never be satisfied?

Good luck.

There is no substitute for good legal advice, based upon your individual circumstances. I urge you to consult with a good lawyer in your area regarding the specifics of your situation.

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Answered on 4/07/98, 6:37 am


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