View Full Version : Noisy Neighbor
Mercyone
Jan 17, 2014, 08:14 AM
I live in a two family house both my upstairs neighbor and I have section 8. She's a live-in home health aid and is only home Thursday to Sunday. Ever since she's moved in she's had people living in her apartment without section 8's approval. They play loud music day and night mostly at night and until all hours something's extending to the next afternoon. I complain to the landlord he says he'll talk to them but if he is, it's not working because they're still doing it. I'm the only one complaining because my neighbors who are homeowners on my right are afraid to get involve but they do agree with me when the landlord asks them if what I say is true which still doesn't get me anywhere because he's not doing anything about. I called the police several times but they say they can't do anything. The reason for that is there is no noise ordinance. Can I take them to court and maybe get an injunction. I'm losing sleep and I go to sleep whenever its quiet or they go out. I have no intention of moving so please don't suggest it. I don't know how much longer I can take this. I've been trying to find answers for about two and a half years. I've even called 311, I've been on the list just as long. Out of desperation I called her section 8 and reported her. I strongly believe she's charging them rent I mean what mother takes in her adult children and grandchildren and not charge them. By the way when the granddaughter lived with her for two years so did her boyfriend. Now her son is living there with his girlfriend and some of his friends. Any ideas Please.
talaniman
Jan 17, 2014, 08:21 AM
Ear plugs.
ScottGem
Jan 17, 2014, 08:45 AM
Where do you live? Almost all areas have a quiet time ordinance. I suggest not believing the police, but checking local laws for yourself or contacting a local elected representative.
You can't sue the neighbors, but you might be able to sue your landlord for not providing quiet enjoyment.
AK lawyer
Jan 17, 2014, 08:47 AM
... I called the police several times but they say they can't do anything. The reason for that is there is no noise ordinance. Can I take them to court and maybe get an injunction [?]...
Yes, maybe. You have an attorney on retainer?
If your community has no noise ordinance, contact you local politicians and ask that one be adopted.
... You can't sue the neighbors, but ...
Why not? Excessive noise can be considered a nuisance, and one can ask to enjoin nuisances.
smoothy
Jan 17, 2014, 09:22 AM
THe local officials are who will determine if its excesive or not by the ordinance... as there will be times they apply and very specific decible levels in the ordinance. Most I have seen apply only in the evening and nighttime hours but not during the daytime. (exact hours vary by community).
What's excessive noise to a person can be a very subjective thing however the noise ordinances do specify a very specific decible level that can be measured with a meter and thats not subjective.... simply being able to hear the music or other sounds from an adjoining unit doesn't necessarily mean there is a violation. Absolute silence isn't guaranteed anyplace I've ever lived. And I've lived in rural areas...to the inner city....and in single family homes, condominiums, apartments and townhouses.
Many if not most comunities have their local ordinances online. You can try searching yourself to find out what they are rather than taking someones word on it..
talaniman
Jan 17, 2014, 09:30 AM
What ever happen to old fashion neighborly conversation? Maybe a compromise can be reached?
joypulv
Jan 17, 2014, 10:06 AM
In most places, Section 8 is very strict. How long ago did you report her? Try again. The taxpayer is paying a large part of her rent.