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New York State.

If a tenant works from home, are there any limitations on construction being done on the adjacent apartments during working hours which create a very difficult working environment?

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  • Normally, this is regulated by municipal ordinances. It is likely to have a different answer, for example, in NYC v. Albany.
    – ohwilleke
    Commented Oct 31, 2022 at 19:55
  • Do you mean "difficult" due merely to noise? Or some other sort of issue (causing safety hazards, interrupting your utilities, blocking your doors, etc)?
    – bta
    Commented Nov 1, 2022 at 3:23
  • I'm confused by the question. If construction work is not done during working hours, when should it be done instead?
    – brhans
    Commented Nov 1, 2022 at 16:43

1 Answer 1

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This is determined at the municipal level via noise ordinances. In Albany, construction and power equipment noise is prohibited between 10:00pm and 7:00am. There are various noises that are are just plain illegal (gong or siren whistle similar to that used on ambulances or vehicles of the Police and Fire Departments). The general noise limit is that

It shall be unlawful for any person to make, continue or cause or permit to be made or continued any unreasonable, unnecessary or unusual noise, between the hours of 6:00 a.m. and 8:00 p.m., which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or to make, continue or cause to be made or continued, between the hours of 8:00 p.m. and 6:00 a.m., whether in the operation of any machine or the exercise of any trade or calling or in the use of or operation of any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the production or reproduction of sound or otherwise, any noise which either annoys, injures or endangers the comfort, repose, health or safety of a reasonable person of normal sensitivities, unless the making and continuing of the same shall be necessary for the reasonable protection or preservation of life or property or for the health, safety or life of some person or made in connection with governmental functions or activities conducted in furtherance of the public health, safety, welfare or convenience.

Usually, construction noise can be annoying but it is reasonable, necessary or usual. You can always complain to the authorities, and they can determine if the noise is unreasonable etc. Seattle (not in NY) has an ordinance that limits construction noise to 75 decibels, averaged over a one-hour period and measured 50 feet away, so that is the kind of ordinance that would most likely work to your benefit.

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