The Weed Store Under My Apartment Makes Way Too Much Noise
Noise complaints in New York City often go nowhere, but luckily for you, the source of the noise is an illegal business.
Q: Last month, a cannabis shop opened underneath my Gramercy apartment. We checked, and it doesn’t have a license to sell marijuana. The store has a lounge where people can stay and smoke, and they play loud music with a heavy bass all day and night. It affects three apartments above, which can hear and feel the music. We reluctantly agreed to a rent increase shortly before the shop opened, so we’re frustrated that we’re paying more for a worse living experience. The super and the management company are doing nothing to help. What recourse do we have, especially since the space was rented to an illegal operation?
Another course of action is to write a letter, from either yourself or your lawyer. If the noise is the issue you’re most concerned about, start negotiations with a letter to the business owner, said Adam Leitman Bailey, a Manhattan real estate lawyer. You can use the illegal nature of the business as leverage, stating that you’re willing to ignore that in exchange for lower noise levels during certain hours, such as between 9 p.m. and 7 a.m. on weeknight. You can bolster your position by threatening, or even filing, a lawsuit against the business and the landlord. “If the shop ignores the letter, the next move would be for an injunction in State Supreme Court,” Mr. Bailey said.