What to do about a noise problem resulting from a bathroom renovation?

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What to do about a noise problem resulting from a bathroom renovation?

I’m an owner of a 1-bedroom coop in NY. A year ago the bathroom over mine was renovated and I now hear their bathroom usage above. I notified the management of my building about the “noise problem” especially the toilet/flushometer that I hear very loudly. They had a master plumber come and observe the sound and he said it’s probably a lack of insulation buhe doesn’t know for sure. Also, it would be hard that I never heard a peep from the apartment above before the new residents and the renovation of the bathroom. Should I now address my problem to the new owner of the aparment above me, or the sponsor who did the renvation of the bathroom before selli It was a coop conversion)?

Asked on April 30, 2011 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may not have effective recourse. First, I assume that the noise is not  loud enough to violate noise ordinances, so that is no recourse. Second, though, there is a good chance that the noise is not loud enough or frequent to constitute a legal nuisance, since the bar is pretty high for that--frequent or constant construction noises, loud parties, loading or manufacturing sounds, etc., at inappropriate times, is what would usually be a nuisance allowing legal action. There is no right to not here a neighbor's plumbing; it may be annoying, but it's not likely legally actionable. (For a more definitive answer, consult with a real state attorney with coop experience.) If the problem is insulation, if you agreed to pick up some (or all?) of the cost, could you get your neighbor to agree to add more insulation? That might be cheaper than taking legal action, even if legal action were possible.


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