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PostPosted: 01/18/10 8:21 am • # 1 
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LOL ~ this is a problem I can relate to ~ while I was still on the board for my condo association, we had many complaints about a woman who sang operatic arias ~ she has a beautiful voice, but she sang when she couldn't sleep, usually in the middle of the night ~ when you live in stacks, you share common venting ~ and while our building is very noise-proof, we always tell new owners that if you're gonna have a screaming match with anyone, do NOT have it in the kitchen or bathrooms ~ we didn't ask, and never learned, where she was singing ~ Image ~ but she did agree to not sing between the hours of 1000pm and 900am ~ Sooz


Woman suing to quiet operatic neighbors

Published: Jan. 17, 2010 at 2:38 PM

NEW YORK, Jan. 17 (UPI) -- A New York woman alleges in a lawsuit that a couple living next door to her play their opera music so loud she and her son
cannot sleep through the night.

The New York Post said Sunday that Elizabeth Connors filed a Manhattan Supreme Court lawsuit against the landlord of the building where the operatic couple resides, alleging the duo's piano playing has been increasing in volume and frequency.

The couple was identified as Carol Kechulius and her husband, Stephen. Kechulius is a pianist who trained at the Julliard School and performed with the New York City Opera.

Stephen Kechulius, 51, insists he and his wife make a point to not bother their neighbors with their in-house practices.

"We're very sensitive about noise," he said. "We don't practice before noon, we don't practice after 9 p.m., we don't even practice more than 75 minutes in a row."

The Post said the couple attempts to lessen the noise from their practices by opening a window and placing a blanket over their piano. Connors offered no comments regarding her suit.

http://www.upi.com/Odd_News/2010/01/17/ ... 263757085/


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PostPosted: 01/18/10 12:40 pm • # 2 
I can't stand noisy neighbours! Now that the apartment downstairs is available for rent, I really hope I don't get someone like the person who was there before Bill moved in. She was evicted for... you guessed it... noise.


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PostPosted: 01/18/10 1:50 pm • # 3 
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Joined: 05/23/09
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Location: ontario canada
say, hypothetically, you recently sold your house because your husband turned out to be a train wreck, and you had little boys that had trouble sitting still while they played video games, and yell alot. No one cared before now, because we had a detached house with a basement. Could you get evicted for that kind of thing?


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PostPosted: 01/18/10 2:26 pm • # 4 
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Greeny, the answer is "maybe, yes" ~ it depends on the "quiet enjoyment" clause is in the lease ~ and on the neighbors [which is generally a crap shoot] ~ but it should much less of an issue in a building with other children ~

Sooz


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PostPosted: 01/18/10 3:17 pm • # 5 
Greeny... You live in Ontario, right? If so, here's the lowdown: Your landlord has very few options for eviction and noise is not directly one of them. Generally, the person making the complaint has to call the police. In turn, the police have to respond to the call. This generates an "incident report". If the landlord does proceed with an eviction notice for noise, there has to be several consistent incident reports over any given month. It doesn't end there. The person lodging the complaint has to keep a dossier of all the times there was excessive noise and a call to the police was made. If any one of these parameters aren't met, the landlord cannot proceed with an eviction notice. Also... the Landlord / Tenant Review Agency does allow for what they call "life noises". These would include things like clattering dishes, walking across the floor in a wood-framed duplex house etc. It does not include loud stereos or TVs, parties, carpentry or other noisy crafts and or technical endeavours. The review agency also has to take into consideration local noise bylaws when making their determination. Even if you do recieve an eviction notice, you have plenty of time to appeal to the agency at no cost. In fact, if the agency rules in your favour, you could request reimbursement from the landlord for any incidental costs you've incurred to make your appeal.

How do I know all this... been there, done that. I was the complainant and it took six months to get that person out. Even then, the landlord was able to proceed due to non-payment of rent. The noise issue was still a crap-shoot.


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PostPosted: 01/18/10 3:28 pm • # 6 
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What exactly is "technical endeavors"? Seems like that could take in a lot of territory. Perfecting your miniaturized working model diesel helicopter engine, stuff like that. Experiementing with various combinations of sodium and water. Is there a list of technical stuff you can't endeavor?


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PostPosted: 01/18/10 3:34 pm • # 7 
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Think I'd take the opera stars rehearsing downstairs, over the dog barking all night 1/4 mile away. I really hate that. Why do people do that to animals and to their neighbors?


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PostPosted: 01/18/10 3:44 pm • # 8 
Well... I'm just using the terminology they use. But I guess technical endeavours could include anything that goes >BANG!<


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PostPosted: 01/18/10 3:54 pm • # 9 
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Location: ontario canada
well, that's good, because my kids go bang on a regular basis. Haha


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PostPosted: 01/18/10 4:16 pm • # 10 
It's funny - I was reading the NYT online, the real estate section and they have a column for renter/landlord issues. One of the questions that came in was how to deal with noisy neighbors. Some of the steps involved talking politely to the noisemaker first to try to resolve the problem, complaining to the landlord if that didn't work and finally, calling the police. A lot of comments at the end of the column also offered advice but the majority said unless you are able to move out, sometimes you just have to put up with some noise if you are living in an apartment building.


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