Q. Ten years ago, I purchased a condo unit situated above the boiler room in my building. Noise and vibration from that room were never an issue until recently, when the association installed larger boilers. The new equipment is now making a rumble that can be heard in my unit, and vibrations strong enough to move lampshades on dressers. Is the association obliged to provide noise mitigation to return the noise and vibration to levels that existed before the larger boilers were installed, and are they obliged to arrange for ADR promptly?

                                                —Quiet, Please

A. “Were your apartment situated in a cooperative building, the Warranty of Habitability would likely have helped you procure relief from the Association,” says Bruce Cholst, partner at New York law firm Herrick Feinstein LLP. “However, the Warranty of Habitability by residential landlords to their tenants does not apply to condominiums, as condominium boards are not landlords of their unit owners. Nevertheless, you may well have recourse against your condominium.

“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.)

“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.”