If you live in any of Long Island’s busiest cities, then you know that noise can be a problem. Nuisance noises can come from both residents and businesses. You may wonder if you can take legal action to reduce or eliminate excessive and harmful noises from these neighbors. Here is more information about nuisances and noises, your rights to quiet enjoyment, and what legal actions you may be able to take.
What is Nuisance Noise?
Just because you find a noise annoying doesn’t mean that your neighbor is in the wrong. For a nuisance noise to be illegal, you have to prove some of the following things.
The Activity Is Illegal
If your neighbor is not zoned for the noisy activity, then this activity could be deemed illegal. For example, does your neighbor run a noisy business, like a machine shop, from his or her property? You can check to see if your neighborhood is zoned for that type of business.
The Activity Harmed You
If you plan to file legal action against your neighbor, then you have to prove that you were specifically harmed by the neighbor’s activity. An example could be that you’ve lost sleep because of the nuisance and this caused you to lose your job. Another example is that the neighbor’s activity has rendered part of your property useless or has devalued your property.
The Activity Did Not Exist Before
If the noise didn’t exist when you purchased or rented the property, then you may be able to take legal action against your neighbor to stop this activity. For example, if you moved next to a quiet restaurant, and that restaurant later decides to have live outdoor music all day and night, then you may be able to take legal action.
What Should One Do About Nuisance Noise?
The first thing any neighbor should do is talk to the neighbor or business about the nuisance. Your neighbor may not be aware that he or she is causing a problem. If that doesn’t work, then you may step up your action through the appropriate regulatory agency.
In New York City, for example, you can call 311 to report noise and nuisance violation. 311 can be used to report both private individuals and commercial establishments. If you are not located in New York City, then check with your town’s officials or police departments to determine how to file a complaint.
Can a Neighbor Be Sued for Nuisance Noise?
If you have been harmed by a nuisance activity, and your neighbor refuses to work with you, then you can take legal action. For this, you should contact a lawyer to determine your options. Under certain circumstances, you may be able to resolve this issue through mediation rather than through a lawsuit.
You can also ask the court for an injunction against the neighbor to stop the noise until all legal remedies are worked out.
What Are Defenses to Nuisance Noise?
Your neighbor could have a legal defense for the noisy activity. One defense is that you knew that the area was noisy before you moved there. Another defense is that the noise is within legally allowed levels and time constraints. For example, if you live near a bar that has always had live music, and they keep this music below a certain decibel level, then legal action against them may be difficult.
A noisy neighbor can rise beyond annoyance and potentially affect your mental and even physical health. If you’ve tried the usual route to mitigate the problem with your neighbor, and your neighbor’s activity directly affects you, then seek a legal remedy. Siben & Siben LLP can help you with civil matters such as private nuisance lawsuits. Contact us for a consultation and advice. We serve all of Long Island for your convenience.