Hi my smart MultiFamily. I have an interesting situation....

Hi my smart MultiFamily. I have an interesting situation.
Scenario:
Upstairs neighbours are excessively loud day and night.
Downstairs resident has an ESA and has notified the office about the noise many times. It is preventing this resident from sleeping and working (from home) during the day.
Management claims that they have addressed this with the upstairs neighbour, yet cannot for day time hours because it is a Fair Housing issue to do so... Show more

Brandie Craighead

Guest Insider Give notice to upstairs - first a discussion then follow your lease. If they don’t quite down give a lease violation then terminate and evict.
But be nice first and try to resolve

Leah Love Excessive noise is excessive no matter what the hour. If it is normal daytime noise, then that’s when I might suggest headphones or working from a different location. The landscapers are outside of my window right now, and while that’s annoying, it’s part of life.

Erin Jaurigui What are they considering excessive noise? The upstairs is entitled to utilize their home as normal as they are entitled to quiet enjoyment without harassment from downstairs about noise. So unless they are throwing loud parties and playing the drums on the walls you’re hard pressed to find the violation. Walking and living life isn’t excessive.
Your best bet is to find the downstairs a new unit upstairs, so that they aren’t hearing noise but they also need to understand that’s apartment living. Or they need to invest in noise cancelling headphones.
I’ve seen plenty of times where tenants wanted no noise and expected almost quiet country living which isn’t possible while in attached housing.

Guest Insider It really depends what the noise is. Is it music? Kids? Those matter

Jack Dewberry I’m not an attorney so this isn’t legal advice but people have greatly exaggerated everything fair housing related. The point of fair housing is to end discrimination for race, gender, sexuality etc. None of that applies to loud noise. It would be a fair housing issue if someone had an essential medical device that was making noise. Otherwise fair housing does not apply at all to someone clanging and banging. Example: if the guy making noise is dropping weights or playing music, that’s not something you can get sued for if you tell them to stop. Don’t be afraid that fair housing limits telling a resident stop disturbing others. You can absolutely be disturbing during regular daylight hours. Record a video from the apartment where the person is complaining. If you can have evidence of the noise you’re good.

Guest Insider I dont think being excessively noisy during the day is protected by fair housing. You cant just throw "fair housing" around as an excuse for something you don't want to confront or don't properly understand how to deal with.
Excessive noise, even during the day, is an issue if you are receiving complaints. Verify if the noise is excessive by having the complaining resident record the noise. If it can clearly be heard from a cell phone recording, then it is likely excessive and you can issue a warning and follow your lease violation procedures until eviction or resolution. Cell phones don't tend to pick up background noise unless it is particularly loud. While being noisy during the day is allowed, that has its limits when it becomes disruptive to other neighbors. Are any other neighbors complaining?
However, there are enough cases of a neighbor having unreasonable expectations of quiet that it might not be a real issue. The complaintant can be offered a transfer to the top floor so... Show more

I dont think being excessively noisy during the day is protected by fair housing. You cant just throw "fair housing" around as an excuse for something you don't want to confront or don't properly understand how to deal with.
Excessive noise, even during the day, is an issue if you are receiving complaints. Verify if the noise is excessive by having the complaining resident record the noise. If it can clearly be heard from a cell phone recording, then it is likely excessive and you can issue a warning and follow your lease violation procedures until eviction or resolution. Cell phones don't tend to pick up background noise unless it is particularly loud. While being noisy during the day is allowed, that has its limits when it becomes disruptive to other neighbors. Are any other neighbors complaining?
However, there are enough cases of a neighbor having unreasonable expectations of quiet that it might not be a real issue. The complaintant can be offered a transfer to the top floor so they have less noise. But I would start with gathering an understanding of just how loud things really are.

Judy Green Offer to pay for their move to another unit on the top floor! I am sure words have been spoken between the two of them ! It is the price you pay when you have a bottom floor unit. My question to you as the manager have you yourself heard the loud noise? Or are you going by what the resident is complaining to you!

Guest Insider That’s not how Fair Housing works…. Lol

Guest Insider Excessive noise is not a measurable statement its very subjective... what may be excessive to you may not be to someone else.

Guest Insider Noise is not a protected class it’s code of conduct and quiet hours have nothing to do with fair housing. I get these complaints all the time, I live on site on the bottom floor so I understand that I will hear my neighbors to a certain extent during the day and evening, what sounds like stomping to me could literally be the person above me walking normally as we do not have carpet of any kid and yes walls/ceilings are thin…. So what I do is I ask my residents to send me recordings of what they hear in their apartment with a time and date stamp. This way I understand exactly what they are trying to convey to me and the route I need to take. They can receive violations for this and three of the same I will file eviction. But I also have my leasing explain to let people know this is a community shared living space you are going to hear your neighbors it is part of apartment living. But if it is that bothersome and the resident can’t provide you with proof that it’s unreasonably loud... Show more

Noise is not a protected class it’s code of conduct and quiet hours have nothing to do with fair housing. I get these complaints all the time, I live on site on the bottom floor so I understand that I will hear my neighbors to a certain extent during the day and evening, what sounds like stomping to me could literally be the person above me walking normally as we do not have carpet of any kid and yes walls/ceilings are thin…. So what I do is I ask my residents to send me recordings of what they hear in their apartment with a time and date stamp. This way I understand exactly what they are trying to convey to me and the route I need to take. They can receive violations for this and three of the same I will file eviction. But I also have my leasing explain to let people know this is a community shared living space you are going to hear your neighbors it is part of apartment living. But if it is that bothersome and the resident can’t provide you with proof that it’s unreasonably loud there isn’t much you can do other than offering the complainant a transfer to the top floor

Angela Woody These comments are painful to read. ????‍♀️
Yes, children/families are a protected class. This means that you cannot say "your kids are making too much noise". You CAN however say "we've received complaints of excessive noise coming from your unit that is disturbing to your neighbors ". It is not up to us to determine the specific source, only the effect it is having on the peaceful enjoyment of others in their homes.

Tiffany Zwiefelhofer Angela Woody Yes.
However, there are no children or pets that live in the upstairs apartment.

C.M. Corrigan I would 10-day them. Follow up and record reports. See if others in the building have experience I usually loud noises. Send them a second 10-day and file for eviction. Chances are they will leave to avoid litigation. Best way to serve properly is to find an inexpensive process serving company.

Guest Insider My cousin was in this situation, but she was the noise maker. She had two young boys and two large dogs. They moved an expectant mother directly below her. Being a professional nanny, my cousin knew the noise would be an issue for a brand new baby. She asked her neighbor if she wanted to switch apartments, the neighbor declined. About a month after the baby was born, the neighbor happily reconsidered and took her up on her offer. They are now friends and everyone is happy with the situation. The management company waived the switch fees.

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