San Francisco renters or lawyers - I need some advice.

[TNDemo]

My son's girlfriend just rented an apartment in San Francisco that she moved into this week. When she looked at the apartment the manager mentioned something about some construction going on around there but there was nothing going on at the time. She moved in a couple of days ago and apparently there is a building being built across the street by one of the colleges and it is extremely loud and starts up about 5:30 AM and goes all day long. The manager installed sound proof windows on all the apartments except the ones in the front (hers). The windows are curved (the building in cylindrically shaped) and he said it would be too expensive to do - $1000 or so. What are her rights as a tenant? Is there a way to force the soundproof windows? Would the college be responsible or the manager? My son said it looks like a long term construction project so it is not going away any time soon. Thanks for any info.

[TomInTib]

1. SF has noise level (db) ordinances. I am pretty sure 5:30 AM

is not compliant with the ordinance.

[GregD]

3. Yeah, that's my impression too

5:30 is really pushing it - try 7AM for a "fair and reasonable" start time.

I would contact the building department and see what they say.

[Freedom_Aflaim]

4. Thats proably true

But I don't think it would be the landlords job to police the neighhood for noises.

She (the tenant) could proably take action directly agains the construction company.

Start by complaining to the construction company, then city, then police, then get a lawyer and sue them.

[schrodingers_cat]

11. Whenever construction by a business entity takes place near residential

properties/units, city council meetings are held to air the public's concerns. Knowing SF as I do, there has got to be a group of neighbors that have organized to confornt this project. While city folks can sometimes be initially stand-offish, I would suggest that she make the effort to speak with some of her neighbors and see who has info for her regarding who to contact regarding the noise ordinance. Most construction sites do cut off at 5:00 or so in the evenings.

Good luck!

[Freedom_Aflaim]

2. I cant imagine that the landlord would have any liability

The landlord informed her of construction, has provided an apartment in good condition as agreed.

The tenant has to make their own decision about the area they want to live. What next? holding the landlord responsible for bad traffic or crime in the neighborhood?

I suppose that in an extreme case the noise could be held as a defect in the property which should be disclosed to prospective tenants..which the landlord has already done.

I feel for her situation, but I cant see that the landlord would have any obligation.

[1932]

14. I believe that's wrong. If she doesn't have "quiet enjoyment"

of her apartment, she can terminate her lease on the grounds of "constructive eviction" and recover her deposit. Read the lease. Every lease guarantees the tenant quiet enjoyment (which doesn't just mean free from noise).

The landlord has practically admitted that the apartments are unlivable, since he addressed the problem with every apartment but the ones with rounded windows (which are the apartments that need them the most!). It may cost too much for the new windows -- but that's his problem and not hers.

I suspect a qualified lawyer might tell her to terminate the lease (without penalty to her) and either enter into a new lease for the real value of the apartment and use the money she saves to address the problem (headphones or buy new windows -- however, if the difference is more than 1000 bucks, the landlord should be willing to install the windows himself), or she should move somewhere else.

If the landlord can't get anyone to rent the place because of the noise across the street, that's his problem and he needs to sue the university, provided he has a cause of action.

Encourage your daughter to talk to a lawyer in SF (only a qualified lawyer can give you accurate legal advice).

[Freedom_Aflaim]

17. The quiet enjoyment clause is a good point

Although the term quiet enjoyment is a legal term as opposed to necessarily "quiet" "enjoyment" per se. Even if its not in the lease terms, its proably provided by common law anyway. (especially in a tenant friendly state/city like Ca/San Francisco)

I agree the landlord and the tenant proably both have cause to sue the university, although Im not convinced that the landlord has the obligation to..ESPECIALLY if he informs his tenants of the construction prior to leasing as he has done.

Im not convinced its cut and dry. I could easily understand the landlord holding his ground and stating the rent already reflects the less desireablility of the unit (and in general this is usually true due to realities of the market etc) and that the tenants were duely informed of these activities beyond his control before signing the lease.

If the tenant was notified in writing prior to signing the lease regarding the construction activity, Id say they are stuck. On the other hand if its not in writing, theres proably enough wiggle worm to get released from the contract, although it may take a judge to do it.

[wicket]

5. Check this out:

http://www.sfgov.org/site/rentboard_page.asp?id=4061

Construction noise is acceptable during the day unless it exceeds Department of Public Works decibel levels. You can contact the Noise Abatement section at Public Works by calling 554.5816.

[Bozita]

13. hmmm...all depends on your meaning of "day"

If work starts earlier and earlier each morning, we know the contractor's definition.

[wicket]

28. Very true

It'd be worth checking with the Public Works Dept. to see how early in the day they are allowed to start.

[Divernan]

6. Article 29 of the San Francisco Police Code, 1994 - Noise Ordinance

Here's the relevant law. Just google "noise ordinance" and "San Francisco" and you'll get the whole ordinance.

The noise ordinance also regulates construction noise and unnecessary, excessive, or offensive disturbances within the City. The construction noise regulations in Sections 2907 and 2908 provide that:

Construction noise is limited to 80 dBA at 100 feet from the equipment during daytime hours (7 a.m. to 8 p.m.). Impact tools are exempt, provided that they are equipped with intake and exhaust mufflers.

Nighttime construction (8 p.m. to 7 a.m.) that would increase ambient noise levels by 5dBA or more is prohibited, unless a permit is granted by the Director of Public Works.

Speaking as a lawyer, the best she can do to control the noise is to file a complaint with the City that the construction project is in violation of the Ordinance, but that would only apply for the hours from 8 p.m. to 7 a.m. Sounds like it would still be an intolerable situation from 7 a.m. to 8 p.m.

I don't know what California's/San Francisco's laws are re landlord/tenant. But most state laws would allow one to break a lease if the landlord did not maintain a certain level of habitability in the premises. For example if the heating system or the water supply system fails. The fact that the landlord has replaced windows on other units farther away from the sound is an implicit admission by him that soundproofing was necessary to make the units habitable. Given the rents in that area are probably pretty high, the $1,000 it would cost to soundproof the curved window would be cheaper for the landlord to do, then have the renter break the lease, and possibly bring a small claims action to get back last month rent & security deposit, etc.(on the grounds that the apt. was uninhabitable "ab initio" (from the beginning) and the landlord knew or should have known it. (And he did know it and that's why he soundproofed the other apts.) I suggest the young woman or some competent representative approach the landlord and say, I have legal advice that I have grounds to break the lease and sue for return of my rent due to nonhabitability of the premises. However, if you'll soundproof my apt., I'll stay.

All that being said, I do not know California's law in this area and she needs to check it out.

[1932]

15. That would be persuassive evidence of whether the noise interferes

with her quiet enjoyment. However, adherence or violation of a statutes wouldn't necessarily determine the outcome, if I understand correctly (check with a lawyer!)

[Snivi Yllom]

19. except there is no such thing as soundproof windows

And there is no requirement in the Universal Building Code to install windows thata reduce sound. The only requirment for windows has to due with construction, operability, and energy efficiency when considered in totality with the building.


FYI, insulated windows are generally quieter than single pane windows, but the STC rating of a window changes greatly depending on the actual construction, glass type, lamination, etc.

Also, curved insulated glass windows are very very expensive. It's not a typical window, it would be custom.

[dysfunctional press]

7. 5:30 am? that's seems waaay early...there must be an ordinance.

i used to work on high-rise construction in chicago, and i once started a bobcat at 6:55 to move it, and our company got fined, because the ordinance doesn't allow power equipment to be used before 7am.

your daughter should check the statutes, and call her alderman(or SFO equivalent). or better yet- have her lawyer call.

[TNDemo]

8. Thanks everybody.

You have given us lots of leads to go on.

[Divernan]

9. 1 Other thing - have her keep a diary of times of construction noise

A contemporaneous document is a good thing: like "June 1st, 2006 - awakened by construction noise at 5:25 a.m.".

[TNDemo]

10. Thanks.

I am going to forward on what you wrote in your first post to her. I knew there was some kind of implicit admission of responsibility by him soundproofing the other windows. I would think the college would want to be a good neighbor too. They at the very least would have to comply with city noise ordinances. Will venture further into this tomorrow...

[1932]

16. The key piece of evidence is that the landlord changed the windows

in other rooms. It's practically an admission that he knows the rooms are unlivable.

[Snivi Yllom]

18. if the windows are working and not in a dangerous condition,landlord is ok

There is no building code requirement anywhere in the US for soundproof windows, not to mention, there is no such thing as soundproof windows. There are windows that can greatly diminish the transmission of noise, but usually you replace windows for energy reasons. Insulated glass, low-e glazing, thermal breaks, etc. But even then, there is no requirement to install windows like those.

If he told you before you moved in there is noise, well, he warned you.

Best bet is to complain to city about the construction get the construction to start later. 5:30 is pretty early, but you may be stuck. Generally what you consider annoying vs. dangerous in terms of noise is udner what the codes require.

[1932]

21. Adhering to or violating the code won't determine the outcome.

You can't terminate a lease for breach of the covenant of quiet enjoyment just because the windows aren't code. You would actually need to be constructively evicted because of cold or noise (caused by bad windows). And following the code wouldn't get a landlord off the hook if windows up to code didn't do enough to guarantee quiet enjoyment.

That the landlord repaired the windows where he considered it affordable is excellent evidence that the noise does, in fact, render the apartment unlivable.

Also, that landlord warned her about the construction. He didn't warn her that the apartment was unlivable (obviously).

I suspect a lawyer would say as much (so consult a lawyer).

[Snivi Yllom]

24. thats really reaching, and going to a lawyer is stupid

It's not the landlord's problem or his windows causing the noise. I bet it's quiet enough when there is no construction.

It's the construction. And I would be willing to bet that replacing the windows wont eliminate the noise if it's that 'bad'.

People in NYC live right next to elevated subway tracks. Cities are noisy. Car alarms, sirens, garbage trucks, airplanes, etc. The apartment sounds like it's perfectly habitable, otherwise she would not have signed the lease. The problem is you have a nearby construction site.

The landlord could have upgraded the windows for many reasons, most likely for energy efficiency, sound attenuation is a bonus.

If it's really bad and she cant get the construction site to temper it's hours, she should make a deal w/ the landlord to try to reduce the rent, split the cost of replacing the window (which I bet wont eliminate the noise), or break the lease and move.

Bringing in a lawyer seems unneccessary and wasteful. Noone wins, everyone gets pissed.

[1932]

25. I'm writing from experience.

You may think it sounds stupid, but it's basic Landlord-Tenant law. And the only way you can know the law for sure is to get a lawyer.

[Snivi Yllom]

26. it may be law, but she's only been in the apartment 1 week

I would say there are a lot steps to go through before you even consider neding a lawyer

[1932]

27. I guess it depends on what the right answer is worth to you.

Hopefully, the landlord wouldn't put up a fight and do the right thing.

[Snivi Yllom]

22. seriously, go after the construction, and get them to try to shorten

the work hours.

You will get nowhere with forcing windows as th landlord is not required to install new windows of they work. The noise issue will be tough, likely the emasured noise at the apartment is horrible, but under the legal limit.

Part of the headaches of living in a city.

[Divernan]

29. The faster that bldg. is finished, the more $$$ for the builders.

No way will a major construction project give up 90 minutes a day (5:30 a.m. to 7 a.m.) of work time unless they are forced to. Believe me, that outfit knows exactly what the noise ordinance sets forth as "daylight hours" and it is pushing to see what it can get by with by starting early. And that can be done immediately by the city enforcing its noise ordinance. You seem to confuse the noise ordinance with landlord/tenant law and the building code. No one ever said that "soundproof windows" are a landlord's responsibility, or required by the bldg. code, or are even an actual possibility.

There are multiple routes to some relief for the renter. One is the noise ordinance for the early morning hours. That is accomplished by filing a complaint with the appropriate city enforcement office. I said "complaint". That means there will be a standard form to be filled out. Don't waste time with some nicey-nice letter saying oh please, would you consider being just a little quieter?
The other route is to get the landlord to REDUCE the noise for the remainder of the day by changing the window, with the alternative option of breaking the lease because the noise level renders the apt. inhabitable. And unless you can quote me California statutory law, case law, or regulations that habitability does NOT include noise level, don't call another poster stupid for suggesting talking to a lawyer to pursue this alternative.

[Snivi Yllom]

30. agreed a construction project will proceed as fast as possible

but 5:30am seems early to me.

I would suggest they might cut start the noisier work later in the morning if they get enough complaints to the building department and local city agencies. However they wont reduce the overall noise, which likely is below any legal limit.

Like I said, the landlord has no legal responsibility to change the window because the tenant finds the outside noise objectionable. Could he be forced to, maybe, and that's a big if. But that could take several months long and be an expensive process. Also, a new window may not solve the noise problem to the tenant's liking. There is no such thing as a soundproof window. My office had recently installed one of the best commercial windows available and I still hear sirens, construction noise, etc.

And I did not call anyone stupid. I said it was stupid to go to a lawyer after living in the apartment for a week w/o first trying to work it out.

If the renter wants immediate relief, either break the lease, or offer to go in with the lanlord for the cost of what will be a very expensive window, even though it may not solve the problem.

[Jersey Devil]

12. Not so sure about Calif, but

when you rent there is what is called an "implied covenant of habitability" for your apartment. This means it must be fit to live in. In NJ, were this to happen and the landlord did nothing, a tenant could pay their rent into court and fight it out with the landlord for not providing the tenant with a livable apartment. If the landlord isn't getting the rent and the judge agrees with the tenant those soundproof windows would be installed pronto I bet.

I am sure there are tenants' rights groups that can counsel you in detail concering the law in California. Look them up in the phone book or Google them.

[Warren DeMontague]

20. All my experiences as a tenant in California lead me to believe

she should probably invest in some of these:

[NuttyFluffers]

23. i'd probably initiate with a polite letter to the construction company

and perhaps follow it up with a talk to the local foreman, if possible. mention that 5:30 am is quite early, and in a polite aside -- and only if you have to -- mention that ordinance rules determine 7am to be the start of the day. mention that it's making life rather hard due to lack of sleep. talk to the landlord for constructive criticism about the form of the letter (a lawyer would be better, but on limited incomes we don't always have one on quick retainer).

there's a lot of people who like to deal with things in-house before it hits litigation, so give them the opportunity. also, with the letter, (which you should have copies in triplicate), you have some documentation to support you in the future in the case that this has to go forward for more drastic redress. getting to talk to the landlord, foreman, and head of constr. co. in a friendly manner at first, like all human psychology, often heads off defensiveness and obstinance. apparently the landlord has an awareness of this issue, and isn't being directly hostile to the renter, so appealing to them as a support in a non-confrontational attempt to the constr. co. shouldn't be too hard.

as with all issues i encourage polite requests/letters at first, letters of complaint later (along with brief mention of regional codes that might show you have a case) later, and if things go all straight to hell, the big muscle of lawyers v. lawyers. building a history, especially one showing that you've attempted to be quite reasonable, helps your cause.

that said, we are in an age of inconsiderate selfishness in this country, so it might all devolve instantaneously.