Excessive Neighbor Noise in New York

What the Law Says

New York regulates excessive noise through municipal and state law. In New York City, Administrative Code § 24-218 prohibits unreasonable noise — including loud music, shouting, or construction outside permitted hours — that unreasonably interferes with the comfort or repose of others. Outside NYC, the New York State Environmental Conservation Law (ECL) § 40-0103 authorizes municipalities to adopt noise control ordinances and empowers local authorities to enforce them. Courts recognize persistent, substantial noise as a private nuisance under common law, permitting injunctive relief or damages where interference is substantial and unreasonable (see Copart Indus. v. Consolidated Edison Co., 41 N.Y.2d 564 (1977)).

NYC Administrative Code § 24-218 defines prohibited noise based on time of day, source, and decibel levels — e.g., amplified sound above 45 dBA between 10 p.m. and 7 a.m. in residential areas is unlawful.

Under ECL § 40-0103, counties and towns may enact local noise laws; many (e.g., Westchester County Code § 313) mirror NYC’s standards or impose stricter limits.

Statutory Text

No person shall make, continue or cause to be made or continued any noise which unreasonably interferes with the comfort, repose or safety of others.

— NYC Admin. Code § 24-218(a)

Statutory Text

The legislature hereby declares that noise pollution constitutes a threat to the public health and welfare… and that local governments are best suited to regulate noise within their jurisdictions.

— N.Y. Envtl. Conserv. Law § 40-0103(1)

What to Do

Sources

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