The weather is slowly improving and some windows are bringing in the fresh air, so it is time to review a law.
I live in a relatively quiet and peaceful neighborhood, considering it is NYC. City Island consists of 230 acres, surrounded by the Long Island Sound and Eastchester Bay. Although a bridge connects this maritime oasis to The Bronx, its tranquility is guarded by New York City’s largest, Pelham Bay Park.
A private nuisance is an unreasonable, unwarranted, or unlawful interference with another person’s private use and enjoyment of his or her property. The test to determine whether an invasion is reasonable is whether the gravity of the harm is outweighed by the social benefit of the nuisance. The interference must either be intentional as they have been notified and therefore negligent, reckless, hazardous, and harm caused is suffered by this neighborhood and community.
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. Generally, any nuisance that is not a public nuisance is a private nuisance. So, a landlord's violation of a state’s housing codes would be both a public nuisance as well as a private nuisance to the tenants.
ThIs community extremely peaceful and quiet community is harmed in a manner that is different in kind from the harm suffered by the public at large. As a longtime condo owner, our peaceful existence is the norm.
Furthermore, a private nuisance is a civil wrong, meaning damages are the remedy to those who have been harmed. On the other hand, a public nuisance is sometimes classified as a criminal offense, and it may be remedied by civil or criminal penalties, but it usually takes a city attorney or another public official as opposed to a private citizen to initiate an action over a public nuisance.
All neighborhoods seek your attention and consideration. Barking dogs, loud music and feuding folks are a nuisance and those responsible are wrong and culpable because their omission inconveniences our God given right. PEACE AND QUIET.... PLEASE