Child has 8-10, daily, screaming tantrums

[Summerland]

I'm in CA.
Tenants in downstairs apt who moved into rental 5 months ago (Feb 2019) informed me in May, that they noticed an increase in screaming tantrums from the upstairs toddler (3 yrs). Everyday d/s hears 8-10 screaming fits, each of which last 10-30 minutes, they can occur as early as 6:15am and as late as 10:15pm. Some have been as long as 40 minutes to 1.5 hours. D/S asked me to check in on upstairs one morning because after not getting a response when they went upstairs to ensure everyone was ok, they contacted me and said they were concerned because the toddler had been screaming for 1.5 hours non-stop. I sent a text msg to U/S, shortly thereafter D/S informed me U/S finally attended to their toddler. The pattern appears to be, that the parents calm their child only when it's brought to their attention. They appear to have the ability to stop the screaming, so long as it's brought to their attention, but their efforts are consistently short lived. D/S visited U/S last night because toddler had been screaming for 20 minutes (10pm), and U/S said they wish they knew what to do and asked D/S for advice. U/S says toddler is on a screaming loop, the moment child gets home with parents around 5pm, until 10/10:15pm the majority of the evening is spent listening to "raging screaming". In addition to the screaming, D/S hears/feels the kicking from the toddler and objects thrown on the floor which causes loud banging on D/S ceiling. I have asked U/S to be mindful of the noise. But it's been on-going for months. D/S says based on what they hear go on, the toddler is calling the shots in the household and the mother seems negligent by allowing the screaming to go on as long as it does, until it's addressed. What is an effective approach to this noise complaint, while not violating Fair Housing Laws?

I'm aware that Fair Housing Laws protect newborns, babies from screaming all day long/all night. But a toddler?

 

[DeenaCA]

Are you the property manager? You're correct that the noise from a crying baby is not an evictable offense.

The first step I'd recommend is to perform some kind of reality check on the actual noise level. It's not unusual for new tenants to be unpleasantly surprised by the noise of a small child living in an upstairs unit, particularly if the new tenants did not previously live in an apartment building. The complaints of the new tenants sound exaggerated. You might want to walk through the hallway periodically during the hours that the new tenants say the excessive noise occurs. I'm also doubtful that the parents could easily remedy the situation by "attending to" the child but choose not to. If that were the case, why would they remark to the complaining tenants that they wish they knew what to do? So take the reports with a grain of salt unless you are able to verify them independently.

As far as the fair housing laws, the federal Fair Housing Act prohibits discrimination on the basis of "familial status" (families with children). Rules can't single out children: you can have a rule stating that no one is allowed to ride bikes in the parking lot, but you can't have a rule stating that KIDS are not allowed to ride bikes in the parking lot. More information is available here. I wouldn't refer to children at all in house rules or notices. Instead, refer to rules that apply to everyone.

 

[FarmerJ]

Wonders if the child might be DD ?( who knows maybe the parents are )

 

[commentator]

And, may I suggest that if you DO go listen, and there's even nearly as much screaming and crying as the tenants suggest, call your version of Child Protective Services and ask them to look into the situation even if the parents seem "okay" to you. I agree, neither you nor the other renters can make a decision that poor parenting skills are the sole cause of this problem.

If the child screams all the time, there may be some reason other than lack of discipline. If there is something clinically wrong with the child, that's one thing that can be quickly established. If the parents neglect is causing the screaming, or ( horrible possibility,) the parents abuse is causing the screams, that needs to be looked into as well. The place to start is by having it checked by the authorities.

Frequently when working in protective services, you would find families with abuse going on where parents had moved repeatedly from place to place because of neighbors complaints about the crying/screaming/misbehavior of the children.

 

[MarySanchez]

I think you must talk to the parents about the problem because this doesn't seem right or normal. Or you must complain to the police about the negligent parents.

 

[ajkroy]

I think you must talk to the parents about the problem because this doesn't seem right or normal. Or you must complain to the police about the negligent parents.

There are several conditions that could explain this that has nothing to do with negligent parenting. Perhaps the parents are hearing-impaired and the child is not (or the other way around)? Perhaps the child is on the spectrum and has an input-processing disorder? Maybe the child experienced a recent trauma and that is how she is working through it?

I agree with Commentator and the others; go and listen and then contact authorities for an expert opinion. But then let them decide what is really going on before judging your neighbors negligent parents.