All Andrea Ortiz wants is peace and quiet.
Sitting on her flowery couch in her fourth-floor one-bedroom apartment on Briggs Avenue, Ortiz is at her wits end, frustrated over the ongoing noise originating from her upstairs neighbor.
But the problems didn’t just spring up this year, or the year before, but in February 2015, shortly after the sale of her building to The Related Cos., a multi-billion-dollar real estate firm that purchased a portfolio of properties with funds from the New York City Pension Fund.
“From there, it’s been hell,” Ortiz said. Her only theory is that management is attempting to kick her out. “They want me to move out to make a profit.”
Management first attempted to get her out by offering a $5,000 buyout, which she rejected. She was then temporarily relocated to another apartment on the first floor until work was completed inside her apartment. Meantime, Ortiz claims she gets random knocking at her door.
Then the new tenant above her moved in. From there, nighttime noise became the norm. It’s sometimes the vibration of music, bangs on the floor, and more. For Ortiz, the noise has become so unbearable she’s resorted to “sleep in the hallway or the floor” outside her apartment. At 76 years old with heart issues, Ortiz is battling for a better quality of life in a city that shrugs over loud noise.
“Sometimes I call the manager and I hold the telephone at two or three o’clock in the morning. I say, this is what’s going on,” says Ortiz.
It’s often the price tenants pay for a city that never sleeps. And Ortiz has certainly paid it. Still, Ortiz has been making noise of her own.
She’s chronicled this saga through 311 noise complaints and handwritten letters to elected officials, haranguing Mayor Bill de Blasio, Comptroller Scott Stringer, Public Advocate Letitia James, and Governor Andrew Cuomo, along with the building’s management company, Simply Better Homes. She’s called 311 numerous times over the same issue. She’s even tried mediation through the IMCR Resolution Center, trying to reason with her.
“She says at that time, due to the fact that she works in the daytime she has do to all her stuff, cleaning or whatever, during the nighttime,” Evelyn Bodoy, Ortiz’s daughter, said of the tenant. “She admitted it herself; she cooks at 1 o’clock in morning. It’s fine. You could do all the cooking—there’s no need for you to have your high heels on at 1 o’clock in the morning walking around your house.”
The next step was taking the tenant to Housing Court. While the tenant, management, and PIBLY, the housing agency that pays Ortiz’s rent, met in Housing Court to determine a one-year probation, Ortiz was not included in the meeting.
Attorneys for the management office soon sent Ortiz a letter explaining that despite mediation, offering relocation is the only solution. “[T]he landlord is willing to offer you a transfer to another apartment,” wrote Neil Sonnenfeldt, a partner at the Gutman, Mintz, Baker & Sonnenfeldt law firm.
“They don’t see nothing going on with the lady upstairs,” said Bodoy. “So, my mother has to be the one to move? That’s not fair.”
The tenant in this story, whose name is being withheld by the Norwood News, did not return an email request seeking comment. A knock at her door yielded no results. Neighbors living on the fifth floor, meantime, told the paper they’ve never heard loud noise.
“We take the comfort of our residents very seriously and have been actively engaged in this issue for several years. We proactively offered a transfer to the resident and have pursued various approaches to try and come to a solution. We will continue to investigate and respond to any and all complaints,” a spokesperson for The Related Cos. said in a statement.
For now, Ortiz will keep fighting.
“I don’t want to move out. I’ve been here 22 years. Crime is very bad here in the Bronx. Over here, the only trouble I have is with that lady here, [and] the district manager, but the other people always watch after me,” said Ortiz.