New York
I have been living at my current residence for a 1.5 years. When I moved here my neighbors played their music and TV loudly. I called the owner of the townhome complex and I was told that someone had to witness the noise level. Over a 8 month period I would call and complain and call the cops, but nothing was being done. When it came time to renew my lease someone else had complained about the same neighbors and then I was told that they would not be able to renew their lease. About a month after they moved another family moved in; and what the same thing. I called and complained and was told that if it's the radio there's nothing they could do.
What I need to know is what rights do I have? I stay in a town where there is no noise ordinance law, so the cops can't do anything. I can not take another 6 months being uncomfortable in my own place. Please advise me in what I can do.
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html
ARTICLE III
TENANT OBLIGATIONS
§ 3.101. [Tenant to Maintain Dwelling Unit] A tenant shall
(1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
(2) keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
(3) dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
(4) keep all plumbing fixtures in the dwelling unit or used by the tenant as clear as their condition permits;
(5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises;
(6) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so; and
(7) conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.
Comment
This section, the converse of Section 2.104, establishes minimum duties of tenants consistent with public standards of health and safety.
§ 3.102. [Rules and Regulations]
(a) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant's use and occupancy of the premises. It is enforceable against the tenant only if
(1) its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;
(2) it is reasonably related to the purpose of which it is adopted;
(3) it applies to all tenants in the premises in a fair manner;
(4) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform him of what he must or must not do to comply;
(5) it is not for the purpose of evading the obligations of the landlord; and
(6) the tenant has notice of it at the time he enters into the rental agreement, or when it is adopted.
(b) If a rule or regulation is adopted after the tenant enters into the rental agreement that works a substantial modification of his bargain it is not valid unless the tenant consents to it in writing.
Comment
Under Section 1.301(11) the rental agreement includes valid rules and regulations.
I would say however , it's time to start looking to move . It's harder without noise ordnances to prove excessive noise , and your right to peace ,quiet, and enjoyment have been violated .
What ever you do send all complaint RRR Certified mail to the LL , and keep a copy for your records . Keep the receipts the LL received your complaints . If the RRR Certified mail comes back undelivered do not open it . If need be take the documents to court .
