Parent on SN listserv being kicked out for noise complaints

[Anonymous]

...the email addresses ARE on page 3 (sorry).

[Anonymous]

I think there is a lot more to this story but you need to work on noise living in an apartment.

[Anonymous]

Is there something that you believe the complex should be doing, something that’s reasonable? E.g. allowing you to relocate to another floor or supporting a reasonable request for padded carpet flooring? Just expecting everyone else to ignore the noise entirely is not reasonable.

Reasonable accommodations are exactly that - reasonable.

An assigned parking space may be reasonable but not sure how that would help? Why did you mention that one?

Did you have anything in writing in your lease that the noise restrictions don’t apply to you? Like a modified lease?

[Anonymous]

Anonymous wrote:She needs to move to a SFH. The people around her have equal protection from noise nuance and this should apply to all noise above certain decibel or after hours.

+1

[Anonymous]

Anonymous wrote:I think there is a lot more to this story but you need to work on noise living in an apartment.

Yeah, as much as I have sympathy for the mother and child with SN, you need to have some awareness of when apartment living may be unrealistic for your situation. If the child is making noise to the point where neighbors are so disturbed they're calling the police, it's not like it's less disruptive knowing the child is SN.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think there is a lot more to this story but you need to work on noise living in an apartment.

Yeah, as much as I have sympathy for the mother and child with SN, you need to have some awareness of when apartment living may be unrealistic for your situation. If the child is making noise to the point where neighbors are so disturbed they're calling the police, it's not like it's less disruptive knowing the child is SN.

Sounds like OP is aware that the noise is tough for neighbors to deal with but thought she was entitled to do it because she mentioned the disability to the landlord prior to moving in (although surely understanding that them not allowing the lease at that point would definitely have been discrimination).

This goes back to the standard issue regarding SNs - when is it discrimination for other people to say that enough is enough.

[Anonymous]

Anonymous wrote:

Anonymous wrote:She needs to move to a SFH. The people around her have equal protection from noise nuance and this should apply to all noise above certain decibel or after hours.

+1

I live in a sfh and my neighbor's special needs child makes a lot of noise. He spends a good amount of time outdoors and is quite loud, making repetitive sounds and words. No one in our neighborhood has ever, nor would they ever call the police on him. Maybe people who live in houses are kinder than those who live in apts? Only slightly joking....

[Anonymous]

Without knowing all the facts, we can't say it is not a problem neighbor behind the complaints, possibly compounded by crappy apartment building construction--like no sound barrier inside ceilings and walls, which turn units into hollow sound transmitting boxes

[Anonymous]

you should be protected under there fair housing act. i would allege that the apartment complex’s policy against noise had a disparate impact on you as a member of a protected class(disability). contact HUD and the Maryland Commission that was mentioned earlier. They will be forced to appear at a hearing as part of the investigation. get someone to help draft the complaint so that you have correctly alleged disparate impact.

[Anonymous]

I don't have a special needs child and had this happening to me during the day! My downstairs neighbor would hit her broom on my floor every time my son **walked** into the kitchen. The apartment management were jerks too. They called me about that noise complaints and I said, what time of day was this? Oh, 4pm? Then bugger off and don't make me file a complaint that you are discriminating against families.

[Anonymous]

Anonymous wrote:Is there something that you believe the complex should be doing, something that’s reasonable? E.g. allowing you to relocate to another floor or supporting a reasonable request for padded carpet flooring? Just expecting everyone else to ignore the noise entirely is not reasonable.

Reasonable accommodations are exactly that - reasonable.

An assigned parking space may be reasonable but not sure how that would help? Why did you mention that one?

Did you have anything in writing in your lease that the noise restrictions don’t apply to you? Like a modified lease?

Fair Housing Act does not require disabled people to negotiate modifications to their lease in anticipation of difficulties. An apartment building is obliged to make reasonable accommodations whether or not you negotiated some special exemption to noise requirements.

Yes, the definition of what’s reasonable depends on the specific facts of the aituation, but reasonable is also sufficiently broad that a person with a disabled child that makes noise probably has some leverage/defense against eviction.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think there is a lot more to this story but you need to work on noise living in an apartment.

Yeah, as much as I have sympathy for the mother and child with SN, you need to have some awareness of when apartment living may be unrealistic for your situation. If the child is making noise to the point where neighbors are so disturbed they're calling the police, it's not like it's less disruptive knowing the child is SN.

no. what if she can't afford a sfh? this sounds like disability discrimination.

[Anonymous]

I can’t believe some posters here think it’s reasonable to basically just tell OP tough luck, and she should move. She should just purchase a house because people around her in the apartment complex don’t want to be around her disabled child. Wtf?! Also what if OP can’t move to a SFH, should she just be homeless then? OP I very much hope you can find a way to fight this, this is discrimination!!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:She needs to move to a SFH. The people around her have equal protection from noise nuance and this should apply to all noise above certain decibel or after hours.

+1

I live in a sfh and my neighbor's special needs child makes a lot of noise. He spends a good amount of time outdoors and is quite loud, making repetitive sounds and words. No one in our neighborhood has ever, nor would they ever call the police on him. Maybe people who live in houses are kinder than those who live in apts? Only slightly joking....

I bet if he was squawking and screaming at midnight or 4am outside disturbing the neighborhood, they certainly would. Having him doing that inside a SFH gives everyone else respite.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I think there is a lot more to this story but you need to work on noise living in an apartment.

Yeah, as much as I have sympathy for the mother and child with SN, you need to have some awareness of when apartment living may be unrealistic for your situation. If the child is making noise to the point where neighbors are so disturbed they're calling the police, it's not like it's less disruptive knowing the child is SN.

Sadly, this is the case. Apartment living is unrealistic sometimes. Noise decibel issues can be cause for eviction. She needs to think of impact on son, too. Sometimes it is better just to move on and not fight things in life, especially with SN kids.