Letters to the Editor, Mar. 12

Upstairs neighbors making my life hell

Re: Recent letters on noise from neighboring apartments due to a lack of carpeting

Dear Editor,

No carpet = hell, pure hell!

To annoy, torture, harass and bully me, my upstairs neighbors have been:

Slamming/throwing heavy furniture against the floors during their wild parties around 1 a.m. or 3 a.m.

Dragging/moving furniture against wooden floors day and night constantly.

Making loud footsteps with shoes with high heels day and night and doing it deliberately and enjoying it, every step.

Dropping, striking, rolling metals and heavy objects against wooden floors constantly.

Tap dancing against the wooden floors early in days and late nights.

Jogging back and forth inside the apartment regardless of the time of the day and night.

Every day after work, I must spend countless hours staying in McDonald’s, Dunkin Donuts or in my church praying and staying in my friends’ houses — just to avoid hearing those unbearable nuisances from my upstairs neighbors.

My doctor had to increase the dosage of my high blood pressure pill. I had to seek professional help/counseling to deal with my anger management because my landlord, security, my local politicians and my neighbors cannot help me and I feel I am about to snap.

I can hardly afford to pay my rent but now I have to pay legal fees to my lawyer to help me.

Whatever happened to the golden rule: “Do not do unto others what you do not want others to do unto you” and the Christian rule, “Love thy neighbors as you love yourself”? It is hard for me to believe — being a tenant in Stuyvesant Town — I am having nightmares and I have to fight for myself to have a decent, good quality of life.


Jovenal Arboleda, ST

Carpet inspections are needed in ST/PCV

To Andrew MacArthur and Andrew Kane, managers, Stuyvesant Town/Peter Cooper Village:

When Met Life owned Stuyvesant Town and Peter Cooper Village, they proactively conducted inspections to ensure that floors in newly rented apartments were adequately covered. This was done to help protect every tenant’s right to the quiet enjoyment of his/her home. Your policy of not proactively enforcing the 80 percent floor coverage provision in ST/PCV leases is wrong and irresponsible and because of it countless tenants are now being disturbed at all hours of the night and day by unnerving and unwelcome noise from new neighbors who lack any or sufficient floor covering.

By deciding not to perform floor inspections on new rentals, you gentleman have caused a complex-wide increase in noise issues. Proof of this fact can be found in the endless letters to this newspaper and posts and comments on the Tenants Association’s Facebook page, your own Facebook page, Yelp and other online forums – many of which you are known to read – complaining about this serious problem, so there’s no way you can claim that you don’t know what’s going on here.

And, yet, you do nothing about it.

Equally offensive is the fact that you’ve shifted the policing and burden of proof responsibilities for dealing with noise issues from yourselves to tenants, insisting that tenants call Public Safety to verify noise issues before you’ll take action against an offending noise maker.

Yet, even when they call Public Safety, tenants find themselves caught in a Catch 22. Because you don’t provide a way for responding Public Safety officers to issue an on-the-spot, written verification when they confirm a noise complaint, tenants have no management-provided proof they can follow-up with to ask you to address a noisy neighbor situation.

The bottom line is that deliberately putting tenants in the distasteful and stressful position of informing on their neighbors and creating potentially hostile situations with them is simply not acceptable, gentlemen. It’s not up to tenants to do your dirty work for you. It’s your job to enforce the provisions of your leases.

Enough is enough. We’re asking you to immediately resume doing floor inspections on all new rentals to ensure that new tenants are abiding by the 80 percent floor coverage provision of their leases. We’re also asking you to immediately resume doing floor inspections at the request of any tenant who believes that a neighbor, new or not, is in violation of the 80 percent floor covering provision.

Name withheld, ST

Banks may be unaware of New York law

Dear Ms. Devers:

I am writing to respond to your letter to the editor published on February 19, 2015. A Durable Power of Attorney is a document in which a person (the Principal) can designate an Agent (an Attorney-in-Fact) to act on his or her behalf with respect to financial or legal matters.

The word “Durable” in the title means that the document maintains its effectiveness even after the incapacity of the Principal. A Durable Power of Attorney, in most cases, is effective when signed by the Principal, but the Agent cannot act under the power until he signs the document as well. Once the document is signed, then both Principal and Agent have the power, concurrently, to transact business on behalf of the Agent, to the extent that the document permits.

Unfortunately, many banks create strict rules regarding the Durable Power of Attorney which create a large burden on the individual and are contrary to the letter of the law. New York Law states that it is unreasonable to refuse to accept a Durable Power of Attorney merely because of the passage of time since the document was executed. Without actual knowledge that the document is not valid, the bank must accept it.

The employees at the local bank are often following the directives of the corporate legal department, which may be located out-of-state, and therefore are not familiar with the New York law governing these documents. The best way to combat this issue is to get in contact with the legal department to explain the relevant law in New York State.

Very truly yours,

Britt Burner, Esq.
Nancy Burner &
Associates, P.C.

10 thoughts on “Letters to the Editor, Mar. 12

  1. Re: Letters about “lack of carpeting inspections.”

    Before MetLife went to faux luxury status, under the resident Manager Potter of PCV/ST gave its residents probably the best run housing developments in the entire city. Then the mutual insurance company owned by policyholders became a for profit corporation as the apartments went faux luxury; as our nation became the home of one-percent of the “1%” and greed and materialism became rampart and the middle class seemed to have vanished.

    Now, to replace caring management — the only bottom line is more profit. And to check the carpet situation costs whomever owns us now: $$$. Yes, I’ve said this many times before. Why? This is the root of many of the problems we find in letters and on the blog.

    • Unfortunately, I am going through the same exact thing as this tenant, and nothing can or will be done to resolve it. So, I sympathize with this tenant. I reported a noise complaint last year on one occasion and the Security told me that Security would have to come into my apartment to listen to the level of noise. Really? This was at 3:00am in the morning. Needless to say, that didn’t happen!! These tenants we speak of, feel entitled to do whatever they want and don’t have to abide by rules. In the long run, I really do hope there is a solution to these noise problems.

  2. The only way I ever got an upstairs neighbor to be more considerate was by asking her (in that case) if it was her I had seen in a TV commercial.

  3. The type of abuse described by Mr. Arboleda most definitely qualifies him to file a lawsuit against his neighbors and (if they are ignoring the situation) the landlord. I suggest you find a good tenants’ lawyer and sue. What is going on in your life is totally intolerable and unacceptable and people have sued and won when subjected to this type of harassment. Good luck.

    • Totally agree. In fact, a co-worker did just that and won the case. Her neighbor was evicted. Having written statements from a doctor would be a big help. You can’t let this continue. Nobody should have to live under such outrageous conditions. It sounds like deliberate harassment and that is totally against the law. Management should look into this because they might find themselves in trouble. There are laws and there are ways to get them enforced. We’re not living under a brutal, lawless regime (though it may feel that way at times when dealing with NY landlords). Go to Housing Court and file a complaint. There are pro bono lawyers there who will advise you.

  4. Re: Comment (above by Ms. Penny):

    Why not ask your disruptive neighbor if the two of you met in the “slammer” when you were serving time for manslaughter? (Just a thought which might help resolve your problem.)

    • LOL! I love that idea, Mr. Chowes!

      Another possible solution for the person who has to listen to the upstairs sublifes rolling things and tap dancing, etc., would be to record all this noise, maybe with a webcam and use it as evidence in court – and post it on Yelp! This place has totally gone down the toilet since it was sold and our stupid Mayor is practically butt buddies with Rob Speyer….. but I digress!

  5. This is the QOL issue here. Nothing else even comes close. In the 80’s, to get rid of long term tenants, landlords would rent out the apartment above them to crack dealers. Today, it’s students, transients and families from hell. The T&V really should do a front page story on this issue.

    • Totally agree with Anonymous at 10:25 pm. This really is harassment and one of the most galling aspects of this is that the woman (won’t mention her name, but all long-suffering tenants know who she is) who is supposed to be in charge of “Tenant Relations” will ALWAYS take the side of the offending tenant and warn the harassed tenant that they could be charged with harassment, or will tell them that a complaint of harassment has already been charged against them. This is part of the really evil and unlawful strategy that is used to drive tenants (especially long time tenants) out. What goes on here is a total disgrace and the TA does a bit fat nothing about it. I can’t believe just how low PCVST has sunk; it is run so badly and tenants are treated so disgracefully.

      As for Public Safety coming into your apartment at 3 am, I know it is a major inconvenience and intrusion, but if it helps to put a stop to the harassment, then it is worth the angst. Public Safety personnel are (from my experience) usually very well-mannered and professional. They’re not interested in looking around, they just want to hear the commotion and then they leave. Make sure you get their names and keep a record of any visits.

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