I own my apartment in a park slope coop and live next door to the super, his wife, their two kids and, frequently, the wife’s sister’s kid. The kids are often out of control, running and jumping and screaming. It’s an old building and the gaps in the walls and in the floors make it so that we not only hear every sound but feel it as well. Our ceiling shakes when they jump.

On weekends, the super often has company, which we also hear.

Additionally, the wife smokes out of her window, which we smell in our bedroom.

The neighbor on the other side of this apartment also has noise issues with them. We have both complained at various times to little end. When I’ve talked to the super’s wife, asking her to to address the issue, she has made some effort and it’s quiet until the next time. But it’s quite clearly a learned thing as the Super’s wife screams as loudly at the children as they do and as a long term solution I don’t know how effective my complaints will be.

When I moved in, years ago, another super lived there and we had no problems. I sublet for a few years and was told by my tenants of the noise coming from them. In fact, two of my tenants over those years moved as a result, costing me a month or two in missed rent.

As an owner, what recourse do I have aside from continually asking them to be more considerate? It’s gotten to the point where it’s making me angry. Do I have any legal options? I am not going to move nor can I afford to insulate the shared walls and floors.

Please help!


What's Your Take? Leave a Comment

  1. Enjoying one’s space does not mean everyone in the building has to maintain the level of quiet and inactivity that YOU desire. It’s not let’s have everyone in the building conform to the standards determined by the lightest sleeper and most cantankerous person in the building.

    There are people on the board who are quite familiar with the specifics of the law, but basically it means your neighbors can’t blast their tv or music at louder than whatever number of decibels as stated by law; they can’t use their residential space as an illegal commercial space that would impinge on their neighbor’s enjoyment – so no after hours drinking/gambling club w/ hordes of guests coming and going and carousing until 6am, no professional carpentery, etc.

    Rambunctious kids, elderly people who’s tv’s are too loud, cooks who love to use a lot of garlic or what have you, 20something ladies who like to walk around their apts in their clickety high heels, loud lovemakers, etc – luck of the draw.

    It sucks that your upstairs neighbor and their kids had to be up at 6am for school or what have you, but them’s the breaks. It’s not some diabolical plot to torment you – they have their lives to lead. They have to walk around and kids cry and couples fight and you drop a pan and you have to get dressed and clomp around in shoes and so on. These people above you aren’t guests in your home or your servants and they shouldn’t have to tiptoe about their own homes because it may annoy you.

  2. Don’t let anyone tell you different – you have a right to enjoy your space. As someone that was woken at 6 am every day for a year by an upstairs neighbor’s out of control offspring, I have little tolerance for this “it’s New York. Deal with it” garbage.

    And bringing class into it is just plain silly.

  3. It is always easier regardless of whether your neighbor is the super or just another shareholder, to have a good ongoing relationship with them. The better friend and neighbor you are, the more they will likely try to control the kids, but its hard to do.

  4. wow, some knee-jerk reactions here. The OP didn’t mention getting the super fired, and from what i can tell has been pretty polite and patient. People who say “just deal with it” probably have never dealt with the truly maddening situation of hearing a neighbor 24/7.

    Talk to the board and continue to be politely ask them to address.

    Also, if there are obvious gaps in partitions, seal them. A one inch gap can permit noise as if there is no wall at all.

    If the noise is coming from the side, this is actually the easiest to address mechanically by furring out your wall with insulation and additional sheetrock. There is cost here but then you aren’t dependent on their behavior for peace of mind.

  5. I am with Minard and crazypants. Even if it was a regular shareholder, there is very little you can do if kids are making noise betweel say 10am and 9pm. Legally, pretty much nothing a board can do (we’ve looked into it).

  6. The current super is guilty of nothing but living his life.

    Kids run and play and scream and people have guests and families over. People are allowed to smoke in their apts. When asked to keep it down they actually make an effort until life resumes.

    Tell us, what would you do if it wasn’t the super, a mere employee, but a Wall St financier and his lawyer wife and their kids making a racket and smoking in the privacy of their own home?

    If you want to fire a working man, not because of how he performs his duties but because he has the unmitigated audacity to let his children play in their home and entertain guests – then have at it. You’re the big shot homeowner and he’s just the lowly peasant who’s there to clean up your mess and fix your toilet, so screw him and his family.

  7. Jeff, I have always depended a lot on my supers and other building staff. They have kept an eye on things when painters and other contractors were in my place and I wasn’t; they have saved me when leaks spring up at odd hours or when I lock myself out, or when the toilet malfunctions right before a party. etc etc. Of course it depends on the building and the situation but I have always felt that the super and other staffers are a really vital part of my support network. They have moved my car in a pinch, given me jump starts, I could go on and on.
    They are very useful and important people to me and I reward them for it during the holidays and whenever else it is appropriate.

  8. The board, of course. The super is part of the residents and as such should follow house rules. Good relations is a two way street by the way.