landlord is doing construction til midnight!!
My landlord has been ripping up and laying tile until almost midnight for a week now and it is very loud work. There are many apartments with children in them and I just can't seem to understand what drives him to be so discourteous to his tenants. I live in Astoria Queens in a very residential usually quiet neighborhood. Is he breaking any laws by doing such work so late?
Re: landlord is doing construction til midnight!!
Yes, the law does not allow noisy work after 7:00 PM, and no work on Sunday is permitted. Noise above 60dB is NEVER permitted in another person's premises, such as your apartment. That noise level is a violation of the warranty of habitability. It ia also, ironically enough, a breach of the covenant of quiet enjoyment (which has nothing necessarily to do with noise: it just means that the noise is a constructive eviction, entitling you to move out and sue the landlord for the lost value of the leasehold and moving expenses).
I would speak to a neighborhood law office about a potential Rent Strike under Article 7-A of the Real Property Actions and Proceedings Law. You could also complain to the DEP, and if they find noise above the 60 dB level or outside of hours, they will cite the landlord and you can use the violation as evidence in your suit.
Good luck.
Re: landlord is doing construction til midnight!!
Yes, the law does not allow noisy work after 7:00 PM, and no work on Sunday is permitted. Noise above 60dB is NEVER permitted in another person's premises, such as your apartment. That noise level is a violation of the warranty of habitability. It ia also, ironically enough, a breach of the covenant of quiet enjoyment (which has nothing necessarily to do with noise: it just means that the noise is a constructive eviction, entitling you to move out and sue the landlord for the lost value of the leasehold and moving expenses).
I would speak to a neighborhood law office about a potential Rent Strike under Article 7-A of the Real Property Actions and Proceedings Law. You could also complain to the DEP, and if they find noise above the 60 dB level or outside of hours, they will cite the landlord and you can use the violation as evidence in your suit.
Good luck.
