It most certainly does break fair housing laws, unless you are going to transfer everyone that complains about the noise in your complex. For example, lets say you transfer her and then the person you move in that unit wants to transfer within a month or two because of the noise. You better be prepared to transfer that tenant as well and that could continue until no-one will live below this resident. You have already established that you agree, the person is making too much noise, because you transferred the tenant that complained about the noise. So for me......if you moved me in that unit, I would ask you why you think it is okay for me to live below someone that makes so much noise and not okay for that tenant you transferred? Was it because the person you transferred was someone you liked but you don't like how I look, so you are not going to transfer me? Was that your reason? You have to deal with the issue, not transfer the tenant reporting the issue.

Theresa a BIG difference between walking noise and constant stomping running noise day and night even with young kids. This is unreasonable noise and unfair to tenants below. If children are doing this then that also shows neglect on the parents part and shouldn’t be tolerated. The bigger the child gets the heavier the stomping and running get also. It’s clearly a lease violation and harboring on noise harassment since the tenants above with the noisy kids have been warned and told to be mindful of the downstairs neighbors,full well knowing that it’s causing a nuisance and infringing on the below tenants right to peaceful enjoyment yet they still do it. Neighbors schedules and children shouldn’t be interrupting other neighbors schedules and home life. Sorry but at any age the constant running,pounding ,stomping by kids should not be tolerated.

Hello, i am a newly property mgr in nyc. I have been on the job for four years. I have a two story unit located in brooklyn I recevied numerous of complaints of noises from my upstairs tenants for the fourth time, they were given extensive warnings. They pay their rent on time and not destroying property. This is an awkward process for me to do. I had saw the videos of there behavior, it is not good. They were doing things purposely. What should I do. start a court order for eviction because I do not want them to drive my property down ?

I use my parents as an example in this case; they had to walk away from a 3 bedroom house (they were underwater on the note and were likely to need to do so within a couple of years due to medical/mobility issues as the house was 2 stories) and into an apartment with an upstairs neighbor. The problem with being downstairs in this case is that you can hear the upstairs resident even walking above them. This is normal apartment noise and there is nothing you can really do about it; except BE the upstairs neighbor and use the shuffle method when walking. In my dad's case, due to mobility issues resulting in the amputation of a toe this year, this is not practical.

The issue I find is if we move residents around trying to find an apartment they would be happy with, that never happens. I find the best result when a resident complains about a neighbor and I can not substantiate the complaint, I offer the resident an option to move, because an unhappy resident will make all your residents unhappy and you end up losing good residents, basically they are poision to any apartment community. We all like to be 100% occupied all the time, but reality is we need to address the issue at the root. No matter what apartment he moves to I guarentee he will not be happy, and if you start moving one person because he is unhappy you will have to move everyone that is unhappy. Your policy to transfer to another unit should be defined very clearly. A transfer will only be granted for change in household size or medical reason (verified by a doctor). The resident should have been shown the apartment before he moved in and accepted the apartment and the location at the time of move in. With apartments so close together, you are going to have daily noises and nothing can be done about that. Unfortunately apartment living is not for everyone and people who are moving from a house have a tough time making the transition. Hope this helps.

Sure, The two year old seems to be violating half the conditions you just cited soooo....cite the kid!