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Who's Harassing Who? Quiet Enjoyment

Discussion in 'Living in, Use of the Premises' started by Ellie_DAntonio, Jan 18, 2002.

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  1. Ellie_DAntonio

    Ellie_DAntonio Law Topic Starter New Member

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    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?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    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...
     
  3. Ellie_DAntonio

    Ellie_DAntonio Law Topic Starter New Member

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    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.
     

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