Nuisance barking

[Jillybean555]

One of my kids recently rented an apt in rent stabilized bldg. apt on 1st floor above super. Turns out after signing the lease, she found out they own a huge Doberman which lives outside most of the day, it’s never walked they just let it outside. The dog barks most of the day and into the night which echoes through her apt, it’s so bad you can hear him breathing, panting and growling. She complained to the landlord and it seems by his response others have complained too. Improved for a while now back to all day barking. It’s in an alleyway below her windows (not very far) fenced in. #1 is this legal since it’s a bldg and not private property? #2 the supers don’t seem
To care since they allow it to continue #3 what recourse does she have. She spent a lot of money to get into the apt and it was never disclosed about the dog.

 

[quincy]

Where is the apartment located?

Your kid can check city noise ordinances to see if the dog barking violates it.

 

[Jillybean555]

Oh it definitely does. Plenty of audio tapes to prove it. This is NYC no more than once per minute for ten min, this is way beyond that.

 

[quincy]

Oh it definitely does. Plenty of audio tapes to prove it. This is NYC no more than once per minute for ten min, this is way beyond that.

If the barking violates the noise ordinance, your daughter can call the police at a time when the dog is barking. The police can issue a citation to the owner (although they might just give a warning the first time). If/when the barking resumes, call the police again.

A dog barking complaint is unlikely to be a high priority call in NYC, so your daughter may have to be patient - and persistent.

Another option is for your daughter to move to a quieter place when her lease ends.

 

[Jillybean555]

If the barking violates the noise ordinance, your daughter can call the police at a time when the dog is barking. The police can issue a citation to the owner (although they might just give a warning the first time). If/when the barking resumes, call the police again.

A dog barking complaint is unlikely to be a high priority call in NYC, so your daughter may have to be patient - and persistent.

Another option is for your daughter to move to a quieter place when her lease ends.

 

[Jillybean555]

She’s reported to 311 several times and all that accomplished is the super is rude to her. Waiting out her lease obviously but it just seems so unfair. She cannot make a phone call, watch tv or sleep sometimes that’s how extreme it is. This is not a little yapping dog in the apt next door. It’s outdoors right below three of her windows, one of which is her bedroom in a maybe 10 foot wide alleyway. The biggest joke the lease said no pets! The agent said they’d make an exception for her cat lol

 

[quincy]

My only other suggestion is to call the Humane Society or animal rights organization to check on the welfare of the dog,

Oh ... and investing in ear plugs.

 

[Zigner]

The biggest joke the lease said no pets!

Her lease isn't the lease that other tenants need to abide by.

 

[Jillybean555]

Interesting Zigner I had no idea, I’d think a lease saying no pets would mean ALL tenants. In any case I can’t see how it can be legal to keep a dog fenced outside (in back ) of a 60 unit building when it’s very disturbing to the other tenants.

 

[Jillybean555]

Unfortunately my daughter has it the worst because she’s on the 1st floor.

 

[reenzz]

She’s reported to 311 several times and all that accomplished is the super is rude to her. Waiting out her lease obviously but it just seems so unfair. She cannot make a phone call, watch tv or sleep sometimes that’s how extreme it is. This is not a little yapping dog in the apt next door. It’s outdoors right below three of her windows, one of which is her bedroom in a maybe 10 foot wide alleyway. The biggest joke the lease said no pets! The agent said they’d make an exception for her cat lol

If the neighbor is violating city noise laws, she needs to call the police....not 311.

 

[PayrollHRGuy]

If the neighbor is violating city noise laws, she needs to call the police....not 311.

I'm sure NYPD will rush to the apartment.

 

[Jillybean555]

Exactly lol no way the cops are coming for that! She was told to call 311 and has several times and it seems there are numerous complaints before she moved in as well.

 

[mjpayne]

Can she try to noise-proof the window(s)? That may be her best bet, and a good idea since inner cities are generally EXTREMELY noisy and not just because of barking dogs.

 

[reenzz]

My point being is that 311 can not give citations for violating a noise ordinance. She can call the local NYPD precinct...not 911. She may have to wait awhile for an officer to show up, but they will eventually show.