Quiet Enjoyment Who's Harassing Who?

Status
Not open for further replies.

Ellie_DAntonio

New Member
For over ten years I've lived in a co-op in New York City - above a woman who has made ongoing complaints to the Management re: my "dogs barking". On a number of occasions,
the Management has woken me up in the middle of the night
because this woman calls Security, claiming she hears my dogs
barking through her ceiling. (?)
Significantly, there are 8 other separate apartments in
proximity to mine (and hers) wherein large dogs also reside. I am not a heavy sleeper, and I believe if my dogs were barking,
I would be first to be awakened. No other families on my floor
have been awakened by my dogs, or have complained about
their barking. Further, I am usually home, so I can account for my dog's behavior. The sound of a human voice, no matter how
loud, does not carry through the ceiling in the day or the night.
So how can a dogs?
However, my dogs are vigilant. The employee in the
hallway; Security's knock on my door; or the ring of the Intercom in the middle of the night - ALL in response to this woman's
complaining - actually provoke my dogs to bark.
Previously, I've tried speaking with this woman in a calm
manner, but she made it clear that she cannot cope with the
sound of barking. She stated she is afraid of dogs, and she thinks I should "get rid" of mine.
I believe my dogs have never woken her. She may have
her own quirk about barking, but I think her 4:00am complaints
come from her own insomnia. Equally, I think she confuses my
dogs with the barking she hears from other apartments, or the
dogs barking on the street.
The only person who's being awakened in the middle of
the night is me! That's something she apparently does not
consider. And the next day I have to account to the Management
for what is presumed to be my dog's misbehavior.
So, is there any type of "order of protection" I can
obtain to protect myself from her complaints?
 
You should probably send a return receipt letter to management claiming that this tenant in the co-op is breaching the warranty of quiet enjoyment of the premises by having security wake you up without cause and issuing false complaints to security. Perhaps you should also think about raising this with the co-op board. I have heard of some that have called the police in your situation. i don't think legal intervention is what you want at this point just yet...
 
Thank you, Law Professor, for your reply.
I'll try writing to the Management and the Co-op Board.
And yes, I'd rather not take legal action, so hopefully
that will solve the problem.
 
Status
Not open for further replies.
Back
Top