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  1. #1
    Join Date
    Jan 2006
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    38,867

    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    Please understand; in general society your issues don’t mean a lot to others. The upstairs neighbors are probably asking why they should have to take special effort to accommodate your issues, and realistically, they have a point. If the noise they are making is not considered excessive to an average person, asking them to accommodate you is asking them to do more than they should have to do.

    So, since you don’t want to move (which is a perfectly acceptable solution), have you considered asking the management if it would be possible to ask the noisy neighbors to be relocated? Maybe they would be accepting of the offer since it would mean they wouldn’t be above you.

    I caution you though. You can have this problem no matter where you move to or who lives above you. While I understand your issues, the bottom line is there is no guarantee it won’t be the same somewhere else or with different neighbors.


    While it may not be possible, it sounds like you really need to find either something with nobody above you or a single family unit entirely.

  2. #2
    Join Date
    May 2017
    Posts
    19

    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    It is very excessive to the average person. It is not just my condition. I have had visitors tell me it is ridiculous. Understood and thanks for the response.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    So what is it that you want as a solution? The one reasonable and available solution you seem to not want to avail yourself of. What else can be done to accommodate you?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    People are allowed to live their normal lives while living in an apartment. With some apartment buildings, particularly older or converted buildings, noise transmission can be a problem, and that is typically worse for a neighboring or downstairs unit. But no tenant has to avoid creating noise consistent with activities of daily life, even if the noise is poorly contained and is bothersome to tenants in adjacent units.

    The landlord cannot unlawfully discriminate against tenants with families, or tell them that they have to constrain their lawful activity in their own home. The landlord is thus offering to accommodate you by moving you to another unit where (at least at present) you will enjoy more quiet. Assuming that it can be managed, it would be sensible for you to request a unit on the top floor, and ideally one with as few shared walls as possible

  5. #5
    Join Date
    May 2017
    Posts
    19

    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    They did not offer me another apartment. I will speak with management again. A top floor will not work. I am disabled and there is no elevator. Thanks for the reply

    They have to accommodate me as well since we are disabled. If not, that is discrimination toward us 😊

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    Quote Quoting Gaqtugwaw
    View Post
    They did not offer me another apartment. I will speak with management again. A top floor will not work. I am disabled and there is no elevator. Thanks for the reply

    They have to accommodate me as well since we are disabled. If not, that is discrimination toward us 
    You need to understand the limits of accommodations though. You don’t get anything and everything you ask for.

    This is an excerpt from a hud site;

    a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable – i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability-related needs.

    It cannot impose an undue financial or administrative obligation on the housing provider.

    So i ask again;

    what are you seekng as an Ada accommodation?

  7. #7
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    Quote Quoting jk
    View Post

    So i ask again;

    what are you seekng as an Ada accommodation?
    It is not the Americans with Disabilities Act (ADA) that applies to housing. It is instead the Fair Housing Act (FHA). What it requires landlords do is a bit different than what employers must do as reasonable accommodation under the ADA. But that said, the HUD site you quoted fairly represents the limits of what the landlord is required to do.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Disabled on Ground Floor Noisy Family Placed Above Us Fed Up

    Accommodating you does not mean restricting the movement of others. Requiring everyone else in the apartment building to limit their movements and activity to your requirements is not reasonable, and you are only entitled to a reasonable accommodation.

    I understand that you feel it is discriminatory if you are not given exactly what you want no matter how it affects others. Please understand that your feeling is incorrect.

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