Tenant vs. Tenant vs. Landlord (NYC)

[antonia]

Hopefully, it won't come to a law suit but I'd like to be ready if it does. A tenant moved in on my floor. She stomped and moved furniture around all day and night into the wee hours of the morning (we have wood floors). The neighbors in the apartment below her complained. Then the landlord made her move into the empty apartment above me!!! So now, she's stomping on my head all hours of the day and night. I've complained to the landlord. And I've also approached the tenant 3 times. I've submitted noise logs as well as an audio recording of the excessive noise to both of them (yes the noise is so horrifically loud I was able to put it on a CD!). I have numerous sleepless nights because of this noise.

The landlord knew she was loud like that when he moved her in there. What legal options do I have if the landlord and tenant don't rectify this situation? If necessary, can sue them both?

You might suggest to the LL that carpet or thick area rugs be placed in her apartment to buffer the sound. If he doesn't like this suggestion, then...

Start calling the police to report loud noise after hours. All cities have noise ordinances. Yours does too. Have the tenant cited for disturbing the peace. Then get copies of the police reports (they are public records and anyone can get them). Send copies to the LL with a written demand that he cure this violation of your peaceful enjoyment tenet. (Could you move into the empty place she just moved out of?) Keep a copy of this letter. If he fails to cure it after several police reports and your letter, you might be able to terminate.