How can I resolve excessive noise from neighbors in NY?

Question

I have been dealing with excessive noise from my downstairs neighbors since they moved in about a year ago. The noise, which includes stomping and banging, occurs multiple times a day, often beyond the 10pm quiet hours stated in both local ordinances and my lease agreement. I've made three complaints to my landlord, who supposedly spoke to them, yet there has been no improvement. I have tried calling the police for noise complaints after 10pm, but their delayed response has not led to any long-term change. I have some audio/video recordings of the noise, but I'm unsure if they adequately capture how disruptive it is. I am not looking to break my lease; rather, I seek a resolution where the neighbors face significant consequences, ideally leading to their eviction or behavioral change. What legal options do I have to achieve this outcome?

Anthony Armando Nozzolillo · Answer

Greetings: 
 
As a Residential Tenant in NY, you are afforded a right to "quiet use and enjoyment" of the premises you are renting. As you are being deprived of these rights after voicing complaints to the Landlord, the Landlord can be considered to be in breach of the Lease and NYS Landlord/Tenant Law by failing to satisfactorily remedy the issue that is depriving you of your afforded rights. As such, you can abate and/or altogether refrain from remitting rent unless/until this noise situation with the downstairs Tenants is resolved by your Landlord.

James L. Arrasmith · Answer

You’ve already taken a lot of reasonable steps, and it’s completely fair to want peace in your own home. In New York, landlords are legally required to provide tenants with "quiet enjoyment" of their units. If your neighbors are regularly violating that through excessive noise—especially after quiet hours—it becomes more than just an annoyance; it could be considered a breach of your rights under the lease. 
 
Since your landlord hasn’t resolved the issue despite multiple complaints, you can escalate this by sending a formal written notice demanding action. Include dates, times, and summaries of the disturbances, along with mention of your recordings. If the noise continues and your landlord remains unresponsive, you can file a complaint with your local housing department or take the matter to housing court. Judges in New York have ruled in favor of tenants when landlords fail to address ongoing nuisance behavior from other tenants. 
 
You can also consider requesting a rent reduction or filing a claim for a breach of warranty of habitability. While eviction of noisy tenants isn't always guaranteed, repeated violations and police involvement can build a case. Keep gathering documentation—it helps your credibility. You deserve a home that feels safe and livable, and you don’t have to tolerate being ignored.

Q: How can I resolve excessive noise from neighbors in NY?