Insights

Cooperator Q&A: Noisy Nuisance

October 7, 2026 – Media Mention
CooperatorNews New York

Herrick partner Bruce Cholst was featured in a column in CooperatorNews New York responding to a reader frustrated by noise and vibration from the building's boiler room that recently became an issue with the installation of larger boilers. The new equipment is making a rumble that can be heard in the unit with vibrations strong enough to move lampshades on dressers. The letter writer asks if the association is obliged to provide noise mitigation, and are they obliged to arrange for ADR promptly. 

Bruce tells CooperatorNews, "Even though condo boards are not subject to the Warranty of Habitability, they are bound by New York City regulations pertaining to noise control and vibration containment. The New York City Noise Code, administered by the Department of Environmental Protection (sections 24 - 218 and 227 in particular) sets noise level standards, specifying maximum decibel level limits above ambient sound levels in various enumerated situations. The New York City Mechanical Code (Section 313 in particular) addresses vibration emanating from HVAC equipment and regulates the way such equipment is constructed, installed and maintained."

"You should therefore begin with a call to 311 and request an inspection by the DEP of both your unit and the boiler room to test sound and vibration levels and observe the operation and construction of the new boiler," he adds. "Perhaps the condition in the apartment can be abated by violations issued on the basis of such an inspection. If that approach does not work, you can consider either litigation or Alternative Dispute Resolution (ADR) methods like arbitration or mediation. ADR is a purely voluntary process; no party to a dispute can be compelled to engage in ADR to resolve the controversy. So, unless the condominium agrees to enter into ADR, you may be forced to litigate if you wish to pursue any claim against the condominium. (If the condominium bylaws contain a compulsory Arbitration or Mediation provision, that would satisfy the requirement of an agreement between the parties and mandate the use of ADR.)"

Bruce concludes, "Whether you engage in ADR or litigation, you would be well advised to hire an acoustical engineer to scientifically document the existence and magnitude of the noise and vibration in your apartment and trace its source to the boiler. Such documentation by a licensed professional would maximize your prospects for success against the condominium."

Read the full piece in CooperatorNews here.