Noisy Neighbors

For almost 13 years, Ben Smith of Hollywood has not been able to sleep with his windows open at night.

Smith’s house is sandwiched between two related families who blast their six TV sets nightly until 3 in the morning. On top of that, the neighbors’ three dogs bark endlessly and their children run in the backyard bouncing basketballs until midnight.

Smith tried everything. He wrote them letters, called the police, sent a paid mediator and used earplugs. He even invited his neighbors to a barbecue, hoping to win them over as friends. But despite his efforts and pleadings, nothing has helped.

Finally, he has decided to move. But there is no guarantee that his next house won’t come with noisy neighbors too.

Noise has become a common problem in Los Angeles, where more than 9 million people live together with often only a driveway between them. In some places, not even that. The Los Angeles Police Department alone receives an average of 250,000 complaints a year relating to noise.

“We get all kinds of complaints. It ranges from blasting power saws to karaoke machines. You name it, we’ve heard it,” says Officer Trevion Stokes of the LAPD Public Information Office.

According to Stokes, Smith’s case is not unusual.

“But people are getting smarter these days,” Stokes said. “They’re checking out their neighbors before they move in.”

On top of hiring real estate agents, reading newspaper ads, driving around and going to weekend open houses, home buyers are now becoming amateur Sherlock Holmeses. They’re not just shopping for a house but investigating, interrogating and staking out potential neighbors and entire neighborhoods to see if there are any potential noisy neighbors in sight. And to many buyers, it’s worth the time and the effort.

“I’ve been living next to noisy people all my life,” says South Bay resident Larry Thomas, who had been a lifelong renter. “A home is an enormous investment, financially and emotionally. So when I bought my first house, I wasn’t going to let noise ruin my peace and quiet.”

Thomas did his homework. He knocked on his potential neighbors’ doors and interviewed them extensively, using a questionnaire, before he entered escrow. It worked.

“In many ways, you have to be a private detective, a spy and even a reporter to ensure peace in your own home,” says Susan Cuddy of Sherman Oaks, who bought her second home after staking out her neighborhood for three months.

“You can’t rely on the sellers because their goal is to sell and get out. And you can’t rely on the real estate agent because . . . he might not know a noise problem exists,” Cuddy said. “People say, ‘I can sue my neighbor for noise.’ But it’s extremely uncomfortable living next door to people you’re fighting with. So the only person you can depend on is you.”

Research repeatedly supports that noise is a health hazard and not just a nuisance. According to Les Blomberg, executive director of the Noise Pollution Clearinghouse, losing sleep over noise or not being able to relax at home can cause health problems, physically and mentally.

Sleep deprivation mixed with agitation can lead to stress, heart-related problems, migraines and much more, Blomberg says. Irritability and poor work performance can also result.

“I learned my lesson the hard way,” says Jane Wong of the Westside. “My first home came with a neighbor who insisted on mowing her lawn at 6 a.m. every weekend. If you wait until after you buy a house, it’s too late.”

These are some things to look for before choosing a home:

Stake out potential neighbors during different times of the day, including weekends, and the times you’ll be home the most. Find out what activities usually occur around the neighborhood.

Check out how many people live in the houses next door. Is there a lot of foot traffic?

Find out if the neighbors have any animals or children. If so, are they unusually noisy?

If mechanical noises bother you, look for heat pumps and air conditioners on neighboring property, particularly near bedroom windows.

Stroll down the street and see if dogs bark at you and for how long.

Motorcycles and “muscle cars” parked on the street could be another warning sign. Talk to other homeowners on the block and see if there were any past complaints.

Be honest about your inquiries. Go and meet the potential neighbors and find out what kind of people they are. Are they friendly?

First impressions can mean a lot. Share your concerns. You can learn a lot from the way they react.

Ask the real estate agent why the home is being sold. Noise problems, by any chance? Homeowners and agents are obligated by law to disclose what they know.

If, after all this, you still end up next to a noisy neighbor, there are things you can do to exercise your right to enjoy peace and quiet in your own home:

* Talk to you neighbor.

Approach your neighbor in a calm and friendly manner. You’ll be amazed at how many neighbors are simply not aware that they are disturbing someone.

It’s not uncommon in many communities for neighbors to never talk to each other. So get to know your neighbors. They might respond better to someone they know and like.

* Get a copy of the local ordinance, which spells out the noise laws. For example, many cities prohibit mowing lawns before 7 a.m. on weekends, dogs barking all night and honking car horns (unless there is a danger). Noisy neighbors can be fined according to the ordinance.

Copies are available at public libraries, city halls or at public law libraries. Many municipalities have local ordinances online. The Noise Pollution Clearinghouse (https://www.nonoise.org) has information on municipal codes and noise-related issues.

* If talking doesn’t help, it’s time to write a letter. Let your neighbors know, in writing, what is disturbing you. Don’t make threats. But do let them know that if things don’t improve, you will take action. Attach a copy of the local ordinance to the letter, and keep a copy of everything in case you end up in court.

* Try mediation. Most cities offer free to low-cost mediation. An impartial person will sit down with you and your neighbor and try to resolve the differences.

The LAPD recommends the Neighborhood Dispute Resolution Program at the Los Angeles city attorney’s office: (213) 485-8324.

* If those methods have failed, it could be time to call the police. The police are more likely to issue a warning, and possibly a citation, if they are present during the noisy hours. Let them know you have tried other methods to resolve the problem. They’ll be more sympathetic.

* Another alternative is to sue in Small Claims Court. You can sue your noisy neighbors for nuisance if they are unreasonably interfering with your right to peace and quiet and enjoyment of your home. You can also ask for emotional damages.

Small Claims Court is inexpensive, easy and you don’t need an attorney. But you will have to prove three things: Your enjoyment of your home has been diminished; you have made every effort to solve the problem including writing letters, mediation, pleading, etc.; and there is unreasonable, excessive and disturbing noise.

You can also bring the local ordinance, police reports, witnesses, recordings and testimony of other neighbors who have also been a victim of your noisy neighbor.

Calculate your compensation. Ask yourself: Did you lose sleep? Were you able to carry on with your usual activities? Did it affect your work performance? Were you able to hear yourself? Come up with a reasonable amount and multiply that figure by the number of days you’ve been seriously bothered. In California, as in most states, there is a $5,000 limit for damages.

There’s still a “For Sale” sign on Smith’s front lawn.

“All I can say is, learn from my mistakes. Do your homework and stake out the neighbors before you sign any papers,” Smith said. “Don’t be a prisoner in your own home.”

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Clara Young is a freelance writer based in Los Angeles.