ISO Real Estate attorney recommendation

I’m sorry to hear about this situation. Even though the neighbors are not cooperative, I’d try slipping a note under their door explaining what is going on, how it is affecting you, and politely requesting they put down a thick rug pad and a rug where the toddler is running. Keep a copy. (Or, would it make a difference if the toddler simply takes off his/her shoes? Or can you move where you are sleeping when the toddler visits?) Is there anything in the proprietary lease about covering 70 or 90 percent of floors? Or “quiet enjoyment”? I am not an attorney but would guess you would have to sue the co-op to enforce it. Or, more likely, threaten to sue with a letter from an attorney. And of course a thin rug will not fix the issue — an extra thick rug pad will be needed. But it’s hard to enforce that. How frequently does the toddler visit? What I don’t understand is why a toddler is up from 9 to 1 am. Unless they are on a different time zone. I would tend to think that if sending a threatening letter doesn’t produce action — it may take a while — the co-op board has to t hreaten the offending party with fines, etc.., — it would be easier to move. Also the toddler will not be a toddler for all that long. In my experience, it’s quite common for bare (wood) floors in prewar co-ops to make very loud noises when people walk on them normally — something to do with vibrations — which is why I have tended to want to live on the top floor. Good luck to you.

cate

in General Discussion 4 years and 11 months ago

2

Please log in, in order to post replies!

2 replies

Newest Oldest

adrienneh | 4 years and 11 months ago

string(1) "1"
object(WP_User)#4949 (8) {
  ["data"]=>
  object(stdClass)#4925 (12) {
    ["ID"]=>
    string(6) "183209"
    ["user_login"]=>
    string(9) "adrienneh"
    ["user_pass"]=>
    string(34) "$P$B.dW3IkfvLwgbvMxQmed9Ds0ZgvaAE1"
    ["user_nicename"]=>
    string(9) "adrienneh"
    ["user_email"]=>
    string(27) "adrienne.slowfood@gmail.com"
    ["user_url"]=>
    string(0) ""
    ["user_registered"]=>
    string(19) "2017-08-10 13:54:27"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(9) "adrienneh"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(183209)
  ["caps"]=>
  array(1) {
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(1) {
    [0]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(1) {
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

Hi all,

I live in a poorly managed coop. My upstairs neighbors have NO rugs and tiled floors. They also seem to have a VERY active toddler that stays with them on occasion. (Think running up and down the length of the apartment.) The toddler is most awake after 9pm and often wakes me up at midnight, 1am etc. Their seemingly normal footsteps reverberate on the floor and honestly make it incredibly difficult for me to feel at peace. I wish I could ignore it, but I can’t and being woken from sleep or unable to go to sleep has wreaked havoc on my daytime hours and my own ability to function, parent my own two young children etc.

I know there are no rugs as I went to an open house when they had their apt. on the market, additionally after the first few times of this happening I went upstairs in attempts to have a polite conversation with them about it. (I even brought my kids with me as a physical signal that I wanted things to remain calm.) They responded to this conversation by yelling at me, denying that any noise was coming from their home and criticizing my parenting s kills. It was an absolute failure, but at least I stayed calm throughout.

I have written to my Management team about this (and the coop board) at least 5x with only one response of, “we’ll attempt to talk to them.” and nothing else since. My Super (sweet but kind of useless) is aware. Nothing is happening. As a parent, I’m well aware that you cannot control your children beyond some boundary setting. I’m not interested in attempting to control their methods of guardianship. I just want them to put some damn rugs down to keep the reverberations of sound down.

I don’t know what to do and it’s really affecting everything. At this point after attempting to speak with them, notifying the coop board and management team and Super I’m unsure if there is anything more I can do (short of moving out which is not something I can do ATM, but I would LOVE to do) so I’m looking to see if there is legal action I can take. (But, also aware than any legal action with a coop/resident may follow me making for complications with future housing prospects.)

PLEASE help if you are an attorney or know of the perfect lawyer to recommend I speak with about what my rights are, what steps I can take for recourse etc.

Thank you kindly.

A, mama to A8 and S6

DouglasAlan | 4 years and 11 months ago

string(1) "1"
object(WP_User)#4948 (8) {
  ["data"]=>
  object(stdClass)#4947 (12) {
    ["ID"]=>
    string(6) "100332"
    ["user_login"]=>
    string(11) "DouglasAlan"
    ["user_pass"]=>
    string(34) "$P$BkTev016pVRsr4A/uVpj6jtiknfj1Z1"
    ["user_nicename"]=>
    string(11) "douglasalan"
    ["user_email"]=>
    string(22) "doug.hinnant@gmail.com"
    ["user_url"]=>
    string(33) "http:///forums/users/douglasalan/"
    ["user_registered"]=>
    string(19) "2017-08-10 14:32:57"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(11) "DouglasAlan"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(100332)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

I went through three average to poor attorneys for closings before I found Alex Shiryak. I’ve used him for two closings, and in one of them, he was guiding the seller’s attorney through the process. I’ve also recommended him to friends who have had bad luck, and they liked him. I’ve only used him for closings. But he seems sharp. It seems he’s part of a firm now: https://sbagk.com/.