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So my son who has frequentl meltdowns and is not shy about slamming doors and stomping on the floor has the neighbor below requesting that the landlord remedy the situation or he would take legal action (guy just graduated from law school last year.) I assume that my son falls under the Americans with Disabilities Act with his ADHD and ODD; but has anyone been in this situation before? Any idea as to how to proceed? I have tried to work with the neighbor, but when DS goes into rages he can't be stopped.
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ADA only requires "reasonable accommodations" at the tenants expense. I would ask the landlord if there is a first floor apartment to which your son can move. Then there is no one below him.
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There is no other apartment available. It seems as if the landlord could do some soundproofing, but some things I read state "at tenant's expense" and other say the landlord has to provide it. Does it vary from state to state? NJ is very pro tenant.
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I have very loud kids... they jump, they stomp around, they scream, or laugh, and they run...
That said, WE would be an absolute nuisance to ANYBODY who lives underneath or beside us, if we would live in an apartment, especially to 2. Or 3. Shift workers, older people, or people who have no kids, or maybe little kids ,that need to sleep/ nap...so, basically to everyone, lol
Would it be possible that you move to a single family home? Or maybe a ground floor apartment?
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I've lived in this apartment for the past 15 years, so needless to say I would have a huge increase in rent if I moved. It might be cheaper just to pay for soundproofing.
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Since there are no empty apartments available... What about asking the landlord about switching you and your downstairs complainant/neighbor? I know that may not work when the other is talking lawsuit, but I thought it would be worth suggesting.
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That tenant has a one bedroom, and mine is a two bedroom. There is only one other two bedroom in the complex, and it is located right over the super's basement apartment, so that's not gonna happen! We'll see what happens, but I'm thinking that I'm probably getting nudged by Universe to move to a more kid friendly environment.
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