We bought a house in Flatbush about two years ago now and have been haunted ever since by the church next door. We expected there would be music/noise during service hours, but this church allows LIVE BANDS to reherse all at night throughout the week. In a room with no sound proofing that’s right next to our living room (and wall of windows).

Sometimes the rehersals go late into the night. More often, they start around 8:00 pm and go right until 11:00. It’s driving us crazy…never mind that the music is terrible (not church music, it’s more like bad, loud jazz): we can’t just hang out in our living room a few nights a week. Forget about summer evenings when the windows are open.

We’ve spoken to the pastor several times–he maintained they were here before us (yes, gentrification plays a role here) and have never bothered anyone before us. He also insisted they aren’t breaking any laws. We had one police officer out who said they had to limit music to service times…and told them so. But then last night a precinct officier called us (after a desperate 311 call) and told us the church isn’t violating any codes or laws.

Could this be true? Could churches be subject to other noise codes than the rest of us? Could it really be legal to have live bands playing loudly a few times a week?

Any advice would be MUCH appreciated. In addition to our sanity, we’re worried about losing our tenant who lives in a small apartment in the back of the house, even closer to the church.

Thanks.


Comments

  1. Blaming the OP for not doing their diligence is a little tiresome. And not really fair here. Anyone moving next to a church would assume a level of noise during services, plus things like choir practices etc. An obvious factor in their decision. But to then have a constant barrage of loud (and non churchy!) music every night? Ugh. I feel your pain.

    If all else fails, have your own live-music sunday-brunch for family and friends. Every sunday. Just by coincidence at it’s loudest peak during services :p

  2. Whoa nellie, who the f–k is butterfly/rob and what are “marshmaellows” spelled wrong mine you? Bitter man, those is fighting words!

  3. ^ – UnprotectedWrecks’s advice is good. Church renting space is not illegal. Looking for a solution without being adversarial is a good place to start.

    Could you offer to audition better musicians so they can start playing mediocre to good jazz?

  4. DIBS, I’ve worked for non-profits my whole life and it’s not illegal for the church to charge rent for their space. So no traction there.

    Having dealt with the DEP and noise violations before, I found that having multiple callers helps. Technically, it takes three complaints to generate a response. DEP won’t care – you can call 100 times and they won’t respond. So you’ll need to call in a complaint against DEP. That’s what finally worked for me. You’ll need to record all your complaint numbers as well as times and dates.

    But before you go there, decide if you want to be that guy (or girl). There are a lot of noise mitigation possibilities you might work out with the church that would be cheaper and easier than getting lawyered up. For instance, windows are the major noise transmitters. You can build frames to fit in them and fill them with soundproofing. That would significantly mitigate the sound problem. But you’re going nowhere with that if your immediate approach is adversarial. Spending some money to fix this problem is a lot cheaper than selling your house or losing your tenant.

    My advice: start talking with your neighbors. See who is interested in helping solve this problem amicably. Speak with respect for the good the church does in the neighborhood, and recognition that you “came to the nuisance.” Find the person who has the best relationship with the pastor, and start looking for solutions where nobody loses. Spend a while on that path before you go nuclear. The carrot now does not eliminate the stick later.

  5. I’d recommend calling 311 every night that the noise happens as soon as it starts, and then every hour on the hour, even if you think that it’s being of no use to call. Just remain anonymous.

    Each time that you call 311 you’ll get a complaint number that the police can’t wash away and pretend doesn’t exist. When the city goes through the 311 data and realizes that there are hundreds of complaints about noise, late enough at night, for the same problem they’ll finally do something to remedy the siutation.

    It might seem extreme, but it should work and it’s better than the hassle of selling your home and moving somewhere else or worse, living with the problem for the rest of your life.

  6. “It also doesn’t matter who was “here first” or whether they’re a ‘gentrifier’ or any of the other excuses people like to dream up about why the rules shouldn’t apply to everyone equally. A history of breaking the law and getting away with it doesn’t constitute an excuse to go on doing it indefinitely.”

    Amen.

  7. We’ve got a part-time, small-time, drug dealer a few doors down, who also likes to play mid-90s Hot 97 style hip hop out his window most days until exactly 11PM. We on the block can’t join him or beat him, so this sounds like an enviable neighbor problem to me– though I sympathize with the poster.

    Do you play any instruments? If so, join the church. Problem solved- you get your hobby back, and don’t notice the noise next door anymore.

    Most other solutions won’t get you the peace that you want, and will only lead to a lot of back and forth and neighbor escalation.

    But really? Band practice with drums and amplified instruments is allowed anywhere until 11PM? That doesn’t sound like it could be true. If it’s true, why do so many bands have a hard time finding rehearsal space?

  8. You might want to investigate whether the church is receiving income (illegal) for renting out the space and use that info as leverage.

    Also, ask the rest of the neighbors. They might be glad toi have someone take up this cause.

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