Here we are again, living up to our commitment of responding to questions that have come up on several occasions during interactions with our clients. In this blog, we have moved forward our series of discussions based on real-time question-and-answer videos published on our YouTube channel and accessible through https://www.youtube.com/@MilettiLaw/videos. Specifically, we have responded to a question concerning “how to kick out a neighbor due to noise pollution.” As usual, let us have a scenario as described by one of our clients.

Apparently, here is a client who owns a co-op and would like to know how to kick out their neighbor due to noise pollution.

For starters, noise pollution in the U.S. is prohibited, controlled, and regulated pursuant to the Noise Control Act of 1972, which was created with the aim of eliminating excess noise in the design phase of a broad variation of new consumer products.

Based on the scenario, the client owns a cooperative, which implies that they are a unit holder with shares through a cooperative agreement at a cooperative company. From our point of view, it would be best to start the process of kicking out the neighbor due to noise pollution by going to the board of the coop. It may be more than likely that they have handled such a matter before and, thus, could be able to explain to you how it works, the extent to which they could be involved, what they advocate, and what your rights would be pursuant to the bylaws and the proprietary lease. Most likely, your proprietary lease should include information on how and what to do. In most cases, this could be the solution, and you may not need to take any more steps.

Nonetheless, if going to the board proves futile, you could still take the matter to the HOA (homeowners association), which, in addition to maintaining regulations and rules related to restriction and control of noise pollution, managing the appearance of homes, and upkeep of amenities, the organization is also charged with the duty of overseeing how certain residential communities are managed. You may have to cause a ruckus with your neighbor that their noise pollution has become a nuisance and, so, they should stop. If it does not stop, you could also take the matter to a civil court and get an injunction from the judge requiring and forcing the neighbor to stop whatever they are doing that causes the noise pollution.

With that much, feel free to view our video accessible at https://www.youtube.com/watch?v=5u38S4oBmcQ, and get it yourself directly from the horse’s mouth. Otherwise, in case you need further clarification regarding the information shared in the video and this blog post or require our services, we are just a call or email away!

As we continue dropping knowledge bombs every day, stay tuned for more educative videos, inspiring training, & legal advice. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.