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Q: Final month, a hashish store opened beneath my Gramercy condominium. We checked, and it doesn’t have a license to promote marijuana. The shop has a lounge the place individuals can keep and smoke, and so they play loud music with a heavy bass all day and night time. It impacts three residences above, which may hear and really feel the music. We reluctantly agreed to a hire enhance shortly earlier than the store opened, so we’re pissed off that we’re paying extra for a worse residing expertise. The tremendous and the administration firm are doing nothing to assist. What recourse do we now have, particularly for the reason that house was rented to an unlawful operation?
A: Noise complaints in New York Metropolis usually go nowhere, however fortunately for you, the supply of the noise is an unlawful enterprise, which town and state are all in favour of shutting down.
The very first thing you are able to do is to make a criticism concerning the unlawful hashish store and lounge to an workplace with an incentive to behave. Begin by submitting a criticism on-line with the state’s Workplace of Hashish Administration, which investigates complaints about unlicensed hashish companies. The town’s 311 web site additionally directs complaints about unlawful marijuana companies to this workplace. (Presently there are not any licensed lounges for on-site hashish consumption in New York Metropolis, in response to the Workplace of Hashish Administration.)
You need to use 311 to register complaints about noise coming from a bar, membership or restaurant. The town has legal guidelines limiting noisy music at bars and eating places between 10 p.m. and seven a.m., and a profitable criticism may result in fines for the enterprise.
One other plan of action is to put in writing a letter, from both your self or your lawyer. If the noise is the difficulty you’re most involved about, begin negotiations with a letter to the enterprise proprietor, mentioned Adam Leitman Bailey, a Manhattan actual property lawyer. You need to use the unlawful nature of the enterprise as leverage, stating that you just’re keen to disregard that in alternate for decrease noise ranges throughout sure hours, equivalent to between 9 p.m. and seven a.m. on weeknights.
You’ll be able to bolster your place by threatening, and even submitting, a lawsuit towards the enterprise and the owner. “If the store ignores the letter, the subsequent transfer could be for an injunction in State Supreme Court docket,” Mr. Bailey mentioned.
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