What You Need to Know About the HUD Housing Noise Ordinance

The Department of Housing and Urban Development (HUD) is a federal agency that’s tasked with addressing the country’s housing needs with programs and national policy. They’re also responsible for enforcing fair housing laws. Their goal is to provide all Americans with a suitable living environment, which is why they regularly introduce ordinances that aim to fix issues with existing housing. This agency also underwrites homeownership by offering comprehensive mortgage insurance programs.

Since the late 20th century, noise has been the number one complaint by residents in neighborhoods. From mowing the lawn to renovating your home, there are a lot of noises that can make it more difficult for residents to relax and get a good night’s sleep.

High noise pollution can increase irritability, anxiety, and sleeplessness. A person’s safety, comfort, and health can be negatively impacted by high noise, which is why the HUD created a comprehensive housing noise ordinance. The purpose of this guide is to help you understand the HUD housing noise ordinance and what it means for you as a homeowner.

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What Is the HUD Housing Noise Ordinance?

HUD developed standards for residential noise to manage and reduce excessive noise in residential environments. These standards are necessary to make sure housing developments maintain proper levels of sound. By adhering to these regulations, residents will benefit from a higher quality of life.

Even though the Department of Housing and Urban Development isn’t directly responsible for reducing noise issues at residential homes, they want to remain aware of all problems that could degrade a person’s quality of life.

The HUD found that noise was a significant source of environmental pollution, which they believe is a threat to the quality of life and serenity of residents in population centers. They also believe that noise exposure can cause severe psychological and physiological effects to the people who experience it, which is why they drafted this ordinance. The ordinance accomplishes the following tasks:

  • Calls attention to the major threat of noise pollution
  • Encourages land use patterns for residential housing that separate properties from significant noise sources
  • Encourages the ongoing control of noise
  • Provides policy on using structural attenuation measures when necessary

Key Components of the Noise Ordinance

You can find the noise standards that the HUD maintains in Part 51, Subpart B of 24 CFR. All newly constructed buildings in high-noise locations must implement noise mitigation features. You must also consider noise when acquiring undeveloped land and existing homes.

The maximum allowable noise levels are 65 decibels in living areas and 70 decibels in outdoor locations. These noise restrictions apply at different times based on where you live. For example, noise restrictions could be in place from 10 p.m.-7 a.m. on weekdays and 10 p.m.-10 a.m. on weekends.

There are many types of noises that these restrictions apply to. For example, tenants typically aren’t allowed to blast loud music early in the morning or late at night. Noise complaints about music during the day can also create problems. If you have a modern speaker system, the music can easily be loud enough to pass through floors and walls, which will disturb your neighbors.

Barking dogs are also a common problem in apartment buildings. When a dog is left alone, they may experience separation anxiety, which makes them more likely to bark excessively. Dogs can also bark frequently during the night if they hear noises from outside. Excessive barking from a dog can lead to a noise complaint that a landlord must address.

You’ll also want to be careful when hosting a party. While a small get-together or social gathering is acceptable, a late-night party won’t be looked on favorably by most apartment complexes and housing developments.

Construction involving renovations or improvements can create loud noises that other tenants likely won’t enjoy. When hammering, drilling, or sawing, the noise levels can become unbearable for people who are living nearby. Even small DIY projects should be avoided.

Impact on Residents and Property Owners

Tenants have certain rights when it comes to noise disturbances, some of which should be addressed in their lease agreements. Landlords are responsible for adhering to all HUD and local noise ordinances that outline the legal limits for noise levels during overnight hours. Some of these noise laws will limit certain noises 24/7 while providing lower thresholds at night.

Tenants should carefully read their lease agreements to identify any quiet hour or noise policies that the community has in place. These policies serve as the standard that every resident must follow. The purpose of these policies is to reduce unreasonable noise levels to ensure the rights of other tenants aren’t infringed upon.

Some landlords include specific lease clauses that restrict noise-generating activities that have been common in the community. By setting expectations, every tenant will understand how to act and what noises to avoid.

Even though lease language and HUD ordinances provide a guide that the landlord can use when addressing noise complaints, it’s up to the landlord to make a reasonable judgment on determining which sounds are excessive. If you’re a landlord, weigh the frequency, duration, time of day, and severity of the noise to identify if the complaint is legitimate. When a tenant makes a noise complaint, landlords should:

  • Listen carefully
  • Identify all objective details
  • Investigate the other tenant if noise violations become frequent
  • Differentiate between invalid and valid complaints
  • Speak with the noisy tenant in a polite and constructive manner
  • Serve as a mediator between the two parties
  • Issue a written warning to the tenant if the noise complaint is valid
  • Assess fines if the noise issues don’t subside
  • Evict the tenant if necessary

Landlords are also required to make reasonable exceptions to these noise guidelines for tenants with disabilities.

Enforcement of the Noise Ordinance

A municipal, local, or state branch of HUD is responsible for enforcing noise ordinances. If the issue occurs in an apartment complex, the landlord will be tasked with handling the violation. If a tenant with a disability requests an exception, their landlord must accommodate them when possible.

When reporting a noise violation, you can contact HUD, the police, or your landlord. In most cases, noise disturbances should be communicated with the landlord if they occur during the day. If the violation occurs at night, the police may need to be called.

Most landlord-tenant laws include a right to quiet enjoyment, which means that tenants have the right to the quiet and peaceful use of their unit. If high noise levels conflict with this right, the affected tenant can make a complaint.

Keep in mind that a tenant has due process rights if a complaint is made against them. Landlords are unable to immediately evict after receiving a noise complaint. They must first provide written notice of the complaint. The tenant will also have a chance to respond to the allegations. If a hearing occurs, an impartial decision-maker must rule on the dispute. These procedures must be followed before a landlord can evict their tenant.

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Best Practices for Compliance

If someone who lives in an apartment unit near yours is making a large amount of noise, you can request politely that they minimize it. However, the offending tenant may not listen to your request. You can follow up by speaking directly with your landlord. If they don’t address the problem quickly, file an official complaint with them.

During this process, it’s highly recommended that you document the incidents that occur. Note the time, source, type, and date of the noise. If you have any interactions with the other tenant, they should be documented as well. Video and audio recordings can also help your case. Providing your landlord with comprehensive documentation makes it easier for them to understand the severity of the problem.

As touched upon previously, the landlord can serve as a mediator. They may speak to your neighbor before taking any other actions. This option can be more effective than immediately filing a noise complaint.

Landlords can also take several steps to mitigate noise in the apartment complexes that they manage. For example, they should carefully screen each potential tenant to look for neighbor disputes or previous noise complaints. A background check may be needed to identify these problems. If a potential tenant has a history of noise issues, avoid renting to them.

It’s also highly recommended that you include detailed clauses that restrict excessive noise in the lease agreements that tenants sign. Specify if a violation will result in a fine or eviction. Create clear noise policies and rules that the entire apartment building must abide by. If a tenant makes a complaint, respond to it promptly.

Conclusion

The HUD Housing Noise Ordinance serves as the standard for all other local noise laws and regulations. This ordinance restricts excessive noise in residential areas, which makes it easier for landlords to set similar guidelines in their apartment complexes. If you’re a resident of an apartment or housing development, be proactive about noise issues. Document any incident that occurs to ensure the issue can be resolved without delay.

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