A new model for addressing noise in New York City

By Jeanine Botta, MPH, Co-founder, The Quiet Coalition

Photo Credit: Richa W-Fryatt

In his Vital City article “New York Needs a Better Noise Strategy,” CUNY School of Law professor Daniel Loehr reviews practices for dealing with noise violations in New York City and proposes the creation of a new agency, the Department of Sound, to better address the issue. Loehr will publish a more extensive history of New York City noise regulation as well as draft legislation in the CUNY Law Review next year.

New York City’s noise code enforcement involves the Department of Environmental Protection responding to issues that require scheduled inspections and the New York Police Department responding to those that require immediate attention. There are aspects of the current system that could be greatly improved, and individuals who submit NYC311 complaints sometimes report that tickets are quickly closed with no action taken. 

Successful noise programs feature some degree of casework related to noise complaints submitted by individuals or groups. New York City does not have a noise program or strategy, and there is no casework following up on individuals’ or groups’ complaints – few people who report noise violations are aware that they can and should follow up to improve their chances of achieving resolution, even if a ticket has been closed. 

Loehr rejects past and current practices that rely on punitive enforcement for noise violations, such as ticketing, which he refers to as punishing individuals. He understands the harms of noise but doesn’t seem to consider that those who are ticketed for violations chose to disregard the law. 

In the Vital City article, he describes his interest in system improvements and design measures but doesn’t describe how the Department of Sound will handle reports of noise violations from individual citizens. There is also no mention in the article of education, a vital element of programs that successfully address noise problems. 

Loehr appears to be critical of the common response of New Yorkers who dismiss those who complain about noise – people who say that those who complain should move to the suburbs. 

At the same time, Loehr’s dismissal of the suffering of individuals who report noise violators is similar to saying that sufferers should move to the suburbs rather than complain.

Municipal noise programs do more than issue tickets, and those whom they serve are citizens who may be able to sleep better, concentrate better, and enjoy better hearing, cognitive, and cardiovascular health as a result of healthier sound levels.