"Wonderful neighbor": how to survive in the American Communal War

Every year the number of New Yorkers increases by several thousand people. In January, 2015 was recorded in the metropolis 8,5 million people. 69% of them rent housing. The remaining 31% of New Yorkers prefer to buy apartments and houses. Such data leads real estate agency nakedapartments.com.

When renting apartments, some residents of New York face the big problems that the mountain-neighbors bring to them. ForumDaily has gathered stories of Russian-speaking New Yorkers who cannot get along with noisy neighbors and know 5 how to solve the housing conflict. So is it possible to win the communal war?

Business before pleasure

Denis Chibiryak and his wife arrived in New York two years ago. Friends advised the young family to settle in Brooklyn. Rent there is low and many Russian-speaking people live there - a suitable option for the first time. With the help of a realtor, Denis and Svetlana moved into a house on Ocean Parkway, sparing no expense on renting spacious apartments.

“We really liked the apartment. One bedroom, very large and bright, overlooking the skyscrapers of business Manhattan - just what we were looking for. We signed a lease [lease agreement] and started a new life. But they didn’t rejoice for long—until the upstairs neighbors had a party, which happened on the very first Friday after eight in the evening,” says Denis. The story of confrontation with noisy neighbors was just beginning.

Everyday life at home for a young family turned into a nightmare. The upstairs neighbors move furniture, throw hard objects on the wooden floor, and walk around the apartment in shoes almost every day. And they also sing. Loud and not always hitting the notes.

“A year ago, the upstairs neighbors had a baby. Starting from 8 am until 11 – 12 o’clock at night, the neighbors spend hours chasing wooden or metal balls on the floor, playing with the child and at the same time driving my wife and me crazy. We simply cannot relax in an apartment for which we shell out a lot of money every month,” Denis complains.

Denis Chibiryak with his wife in a rented apartment in Brooklyn. Photos from the personal archive

According to the guys, on the weekends, guests always come to their neighbors.

“We practically don’t hear the child himself. Sometimes he cries, but this is an absolutely normal sound, the sound of life. But the noise that adults make is a clear sign of disrespect for us, those who live under them,” says Denis.

At first, Denis and Svetlana tried to talk to their neighbors. But they immediately made it clear that they were making noise not at night, but before the 23: 00 allowed by the law. The neighbors went to the counter and accused Denis and Sveta of knocking on the ceiling.

“It got to the point where we called 311 and explained the situation. The police arrived. After talking with the neighbor, they came down to us and informed us that, unfortunately, they could not do anything, since the noise was made during the daytime. The fact that it is constant and does not allow you to concentrate or relax is not a reason for a fine. The officer advised us to look for another housing option,” says the young man.

But a young couple can not afford expensive relocation. In addition, the apartment itself, they really like. Denis decided that the case could go to court, and made several audio and video recordings confirming the noise. He shared one of them with ForumDaily.

The young people called the police several times, but the neighbors in response continued to make noise with a vengeance, as if out of spite. And last month, Denis and Svetlana received a letter.

“I was shocked after reading it. The neighbors wrote a complaint against us to the management of the apartment building, saying that we were making noise and knocking on their ceiling. They contacted a lawyer and billed the owner of our apartment for his services. How is this?” Svetlana is indignant.

Our heroes and their pseudo-neighbors live in a house run by a cooperative of owners. The apartments that Denis and Svetlana rent are owned by Bella Friedman. She owns only one apartment in this building. The apartments of the neighbors above are run by another landlord - David Leibowitz.

There are other homeowners in the house, but Leibovitz owns almost half of the apartments. With tenants who cause our heroes so much inconvenience, he is in very close friendship. So say Denis and Svetlana.

“The owner of our apartment understood the situation and tried to help us. She called David Leibovitz many times. I asked him to influence the residents. And a little later, in an ultimatum form, he demanded that Bella not renew the lease agreement with us, citing the requirement of the cooperative, which has the right to evict anyone without explaining the reasons. The ultimatum was accompanied by a threat to Bella herself: they say, if you don’t do as I say, there will be problems,” says Denis Chibiryak.

Thus, the proceedings at the level of landlords ended with the fact that Denis and Svetlana received a notice of eviction from the apartment from the management of the cooperative. However, according to Denis, the law is on their side, since they are being evicted for no reason.

Denis Chibiryak regularly pays for renting an apartment. Photos from the personal archive

“We are now appealing to all human rights defenders who have experience in such cases. We know that there are free lawyers, and we really hope to find a specialist who will help us protect our rights in court. We have evidence of our neighbors’ guilt, and we are ready to provide it to professionals,” says Denis.

Denis and Svetlana will also need witness testimony for court proceedings, landlord Boris Tansky believes. He owns several apartments and houses in Brooklyn.

“For example, friends of the couple may testify. They must tell the court that they heard their neighbors making noise. Or give written testimony. Video or audio recordings are also a good option,” says the landlord.

According to the apartment owner, only the court will help to solve the communal conflict. That's just to wait for his decision will have for years.

“Don’t expect that you will go to court and the process will be over in a couple of months. Now I am suing my tenants. They flooded their neighbors. They don't make contact. I’ve been going to court for the third year in a row,” says Boris.

The music did not bind them

ForumDaily employee Anna Denisenko also encountered an unbearable neighbor and agreed to share her story. She lives in New York in one of the most prestigious areas of Manhattan - the Upper East Side.

Anna rented an apartment a year and a half ago when she arrived in the United States. For several months now, Anna’s neighbor has been listening to loud “heavy” music almost around the clock, turning on the TV and alarm clock at full power, and knocking on the wall. He does all this at the same time. The man seems to be doing everything on purpose to get Anna out of the apartment.

“There was a time when I didn’t sleep for weeks. It was impossible to hide from the noise: neither in the bathroom nor in another room. Even special silicone earplugs did not help. Earplugs plus all the pillows on top of my head - but the sound penetrated through them too,” Anna Denisenko says about what she had to go through.

According to Anna, the noisy neighbor looks about 45 for years. He lives behind the wall. Anna tried several times to talk to a man, but he did not even open the door of his apartment. The girl has repeatedly appealed to the landlord. However, he has no right to evict a neighbor until the violator has completed the lease term. Several times Anna called the police.

“Specialized services such as 311 did not save. The application takes up to 8 hours to process, and the complaints accumulating from me and other neighbors had no effect,” says Anna.

Moreover, Anna's neighbor began to pursue the girl. Several times he watched Anna in the street and photographed on his mobile phone. After that, Anna Denisenko decided to write a statement to the police.

“The call to 911 helped and the fact that in addition to the music, the unfortunate neighbor was stalking and photographing me and my friends. The statement to the police helped to temporarily calm the madman,” the girl is indignant.

Residents of the house are also outraged by the behavior of a noisy neighbor. Almost all of them wrote complaints to house management. They even filed a lawsuit in court, but the loud neighbor lived in his apartment as well as he lived.

Emergency help

Almost every day, New York City police officers have to calm the city's noisy residents. According to police captain Mikhail Belogorodsky, if such a problem arises, the best way is to call the service 311. Employees of another service - 911 - will be able to come to the rescue only in emergency situations.

“The 311 service appeared only 10 years ago. In most cases, we call back and ask if the neighbors have calmed down, so as not to come to the call in vain. Usually, noisy residents stop being loud. But if complaints continue to come in, the patrol will most likely arrive. The policeman can warn the intruders and, if he considers it necessary, even break down the door. He can tell by ear how critical the situation really is,” says Mikhail.

Mikhail Belogorodsky says that, first of all, the police react to important challenges: murder, attempted murder, fire. To calm the riotous neighbors, the police do not always have enough time.

“There are not very many of us. For example, at one site on Saturday only 8 people work in the first shift. We are limited in time, but in a difficult situation we can transfer the call to another shift,” says the police captain.

Even if the tenants write a statement to the police, the problem will not be solved quickly.

“The noisy neighbor won’t even know about this statement, that is, complaint. We will accept the application, but we will not be able to do anything. Unfortunately, there are millions of such cases. This is life in the city,” he assures.

Belogorodsky advises to solve such problems only with the help of the court. They will need proof of guilt of the violator. Repeated complaints to the police will help prove the guilt of a noisy neighbor, the policeman is sure.

What to do if you have a conflict with your neighbors

1. Try to solve the problem yourself.

2. Call in 311 service. If the neighbor continues to harm you - repeat attempts until the police come to the call.

3. Contact the New York State Special Department - Tenant Enforcement Unit. The staff in this department should provide you with information on what can be done in a particular situation.

4. Contact the city hall. There too special departmentwhich protects the rights of New Yorkers who rent apartments. On his website, depending on the problem, you will find the most detailed information.

5. Contact in housing court. We remind you that the process can take several months.

See also:

5 tips for those looking for accommodation in New York

Rent in the US will go up in 2016 year

Rent takes half the salary of a third of New Yorkers

How to rent a house in America

Top 10 Tips for Tenants

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