Re: Neighbor fabricating noise complaints

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We are facing the same issues with our downstairs neighbour.
In fact, it has not gone to such an advanced level, but we
still want to prevent it right away. Please let me know what
legal action can we take against such horrible people?

On 9/25/07, Mike wrote:
> Since we have moved in to our condo in New Jersey, we have
> had the unfortunate experience of dealing with an upstairs
> neighbor who at first seemed to be ultra-sensitive to
> noise. Our surround sound speaker system was installed for
> one day before she came downstairs to complain. We turned
> the sound down, and yet, she summoned to police at 11:00pm
> that night to have them tell us to turn it down. When the
> police arrived they found that our sound level was
> acceptable (even at the late hours, according to the noise
> ordinance), and left without even a warning.
>
> Our neighbor then complained by banging on her floor/our
> ceiling loudly when we played music each of the subsequent
> weekends, both times at a level that the police found to
> be acceptable. She came up to me at the parking lot, and
> we had a heated exchange where she said she would report
> me and fine me. I told her I had done nothing wrong as the
> police found the levels to be acceptable.
>
> Today marks one month to the day of the heated exchange,
> and since then, she has called the police three additional
> times (each found no violations on our part). Each time
> she had refused to let the police officer into her
> premises to check the noise for themselves.
>
> She has also contacted the local health official five
> times whose responsibility is to enforce noise/nuisance
> codes. Of the five complaints, I was not home for four of
> those when everything was off. The one time that I was
> home, I was asleep with no sound on. I have volunteered
> with the health official to do a decibel test to test the
> level, to prove whether we were right or wrong, without a
> shadow of doubt. As the decibel test would involve the
> health official to be in her premises, we would require
> her to be present as well. We have scheduled the test
> three times, and she has cancelled all three times after
> conferring with an attorney. The last time (yesterday) she
> told him that she no longer needs the health official's
> services. He told me that he thinks she is changing couse
> as she is getting no results, and that she is preparing a
> civil suit against me, which I guess would include things
> like emotional distress (she claims she hasn't been able
> to sleep) and nuisance.
>
> This is of course harassment and intimidation on her part,
> and we have already filed a complaint with our condo board
> about this (hearing is next week). However, I have three
> questions:
>
> 1. What would be the implications if we file civil
> harassment charges against her? I spoke with a police
> officer about this and he said that it would open us up to
> lawsuits.
>
> 2. While I think her case has no merits as the allegations
> are completely false, should I "lawyer up" and prepare for
> this suit? And how should one defend against these false
> claims? I have documented as much as I can, including
> receipts for one of the times she alleged I was playing my
> music too loud.
>
> 3. As we are not sure what she is capable of, what else
> should we brace ourselves for?