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  1. #1
    Join Date
    Nov 2006
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    1

    Default New Tenant Already Complaining About Noise

    My mom lives in a 3-unit subsidized apartment house in a Boston suburb. She's lived there for 25 years and has a mentally-handicapped son (my brother). My brother has an affliction similar to Turrett's Syndrome but his problem is that he has no inner dialog and so he talks out loud constantly (but doesn't realize we can hear him) and is a bit heavy on his feet. He receives SSDI and my mother is considered his legal caretaker.

    Recently, the tenant in the downstairs apartment died and after several months of renovations, the Housing Authority just moved a new tenant in who is already causing trouble. She is one of those "nosy project" people, you know the type -- can't mind her own business, calls the cops for every little perceived or actual infraction, very "high maintenance" and "drama queen" and basically what you'd call a troublemaker. We've dealt with her type before and there's not a whole lot to do but be patient and try to avoid or ignore her.

    She has only been living there for a week and already complained to my mother about the "noise." At 3AM a remote control fell off my mom's bed and onto the floor. The new troublemaker claims it woke her out of a sound sleep and the way she described it you'd think she was talking about a heavy piece of furniture falling down or something (i.e. she exaggerated). She also complained about my brother walking around, back and forth, late at night.

    I'm just wondering if she complained to the landlord (the Housing Authority), is her complaint really justified as a "right to quiet enjoyment"? From what I've researched so far, in my view I don't think so as there are certain sounds and noises that are considered "reasonable." Also, since my brother is considered disabled and they've lived there for 25 years without much complaint, it doesn't seem like there's any legal action the landlord can take since his disability would fall under the "reasonable accommodation" category. This new tenant actually told my mom that she "requires absolute quiet and silence." THAT in itself seems pretty ridiculous because there is no such thing in an apartment/housing complex with more than one unit. It sounds like this new tenant is being unreasonable.

    Should my mom worry?

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: New Tenant Already Complaining About Noise

    Your mother should discuss the problems, why her apartment is far more noisy than would otherwise be expected due to your brother's medical condition, and what reasonable accommodation might be necessary, with her landlord.

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