File a Citizen's Noise Complaint with the NYC Department of Environmental Protection (DEP)

TAKE ACTION

Noise code violations eligible for the Citizen's Noise Complaint program

Gather evidence of the violating condition

Download the complaint form and fill it out. List the from/to time in the format h:mm AM/PM; no seconds are needed.
Save the signed complaint form as a PDF and place it in a folder along with the video evidence.
Suggestion: give the folder a number and keep all the data in a spreadsheet, with the row getting the corresponding folder number.
Upload this folder to a Dropbox folder in your “public folder.” Share the link to that folder to citizenidlinghelp@dep.nyc.gov

Obtain a summons form from DEP

Serve the summons

DEP provides detailed instructions on how to fill out summonses. Filling out the summons by hand is the best way to ensure it is done correctly.

It is very important to name the Respondent (entity or person in violation of the Noise Code) correctly. If in doubt about the identity of the business owner, choose the building landlord as the Respondent. Use a working mailing address. You can find a business' landlord by checking the address on the NYC tax map and then looking up the record for the lot on ACRIS. For mobile food vendors you need to use the posted FV number, and file a Freedom of Information Law request for the license holder’s name and mailing address from the Department of Health. The general rule, however, should be to name the place of business at its physical address, and use that address for service, as well.

DEP must review your complaint(s) within 30 days. They may say it’s frivolous, which ends the complaint process. They may tell you that they will pursue the case. The third option is that DEP will permit the citizen reporter to pursue the case ("self-prosecute"). If you are allowed to self-prosecute, DEP will schedule a date and time for you to pick up the summons form from their office in Queens at 59-17 Junction Blvd, Queens, NY 11368 (LeFrak City Apartments building). You will not get the forms delivered, you cannot pick them at a DEP borough office, and you cannot print them yourself on blank paper. Each form has already been assigned a summons number. The agency tracks which citizen gets which summons number.

Section 24-213 of the NYC Noise Code regulates service of papers. Mailing the summons via first class mail is fine, and is the default option.

The reverse side of the OATH summons form contains an affidavit of service (pictured). There are a few problems with that form:

The affidavit of service asks you to swear that the deponent is not a party to the action, which conflicts with your role as a citizen petitioner and the award you stand to receive after successfully prosecuting the complaint.

It requires an affidavit, administered by an officer. OATH rules do not require an affidavit. Why should citizen reporters have to provide this proof? It is unclear what is meant by "Certifying Officer Administering the oath." A typical notary public is not an officer.

As a solution to this apparent dilemma, some citizen reporters have printed “affirmation” labels and placed them over the form on the reverse side of the OATH summons and have not encountered any problems at OATH.

A sample of the language used in such an "affirmation":

I, [FULL NAME], affirm under penalty of perjury that I served a true copy of this Summons in accordance with §24-213 of the NYC Administrative Code upon the Respondent named herein by depositing a true copy of the above-referenced Summons enclosed in a prepaid, sealed envelope, first-class mail, properly addressed to the Respondent, in an official depository under the exclusive care and custody of the United States Postal Service. Said copy was mailed on [DATE.]

Date: [DATE]

_________________________
Signature

_________________________
Print Full Name

Mail the OATH summons(es), with your certificate of service on the back of the form to FedCap Rehabilitation Services for scanning and data entry. DO NOT USE A SEPARATE DOCUMENT AS IT WILL NOT BE PROCESSED. You will get the instructions from DEP.

Fill out the summons

Fill out the complaint form

Record a video at the site, showing the audio speaker(s) in use. Get close to the speakers to establish the source of the violating sound. Make sure you can hear the sound from the public right of way (sidewalk or street). Pan your camera slowly to show there are no other potential sound sources.
Certain conditions at the site of the violating noise may cause DEP hearing officers to discredit your observations and thus weaken your case. Avoid creating additional noise near the camera, such as fabric rustling or fingers moving, that may distract from or invalidate your evidence. Capture something in the video that identifies the location or respondent, in order to counter alternative narratives like “the music is coming from somewhere else.”
A video duration of about 30 seconds is typically sufficient, but it's helpful to wait for better sound conditions if there is too much ambient noise from passing vehicles or pedestrians.
If there are speakers outside, document that in your video; if speakers are hidden, it's not necessary to show them. If the sound is audible enough to catch public attention, it qualifies as a violation.
Musical instruments are also considered "sound reproduction devices;" unamplified human voices are not.

Attend the hearing. On the day of the hearing, you may need to be available in person or by phone to testify. Think of yourself as being "on call" for phone testimony that day (which may be multiple days in the event the case is rescheduled, or adjourned, etc.).

Attend the OATH hearing

Track your case(s)

Track the status of your case(s). Keep a record of your summons number, date, status, penalty amount, award amount. If you have issued multiple summonses it's helpful to create a spreadsheet to track the status of your cases.

You can request an award payment once the Respondent has paid the penalty.

Create a vendor ID with the city.
Create an account on the PIP site of the city.
Set up EFT (electronic finds transfer) between the city and your bank account.

You need to submit a W9 to the city, as the city will produce a 1099 statement for the payments you received. Once you note that the respondent has paid the assessed fine(s), you can email ECBRevenue@oath.nyc.gov with the summons number and ask for your award payment. If you have pursued the case yourself you only need to inform OATH that your name is on the summons form, which they can look up. If DEP has prosecuted the case then you must provide OATH with some proof (such as a DEP email acknowledging receipt of your initial complaint) showing that you are entitled to the money, as opposed to another citizen complainant or no one at all. Asking for money is no guarantee of getting it, so you need to track that, too.

Citizen award

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Section § 24-261 of the NYC Administrative Code authorizes citizens to report and prosecute violations of thirteen (13) sections of the noise code. The complaint process described below applies to violations of one section, § 24-244 - specifically subsection (b), which reads

(b) No person shall operate or use or cause to be operated or used any sound reproduction device, for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show, sale or display of merchandise, in connection with any commercial or business enterprise (including those engaged in the sale of radios, television sets, compact discs or tapes), (i) outside or in front of any building, place or premises or in or through any aperture of such building, place or premises, abutting on or adjacent to a public street, park or place; (ii) in or upon any vehicle operated, standing or being in or on any public street, park or place; (iii) from any stand, platform or other structure; (iv) from any airplane or other device used for flying, flying over the city; (v) from any boat on the waters within the jurisdiction of the city; or (vi) anywhere on the public streets, public sidewalks, parks or places where sound from such sound reproduction device may be heard upon any public street, sidewalk, park or place. Nothing in this section is intended to prohibit incidental sounds emanating from a sporting or an entertainment or a public event for which a permit under section 10-108 of the code has been issued.

The "five prong" basis for determining a violation of § 24-244(b)

The sound must emanate from a reproduction device. ["Sound reproduction device means a device intended primarily for the production or reproduction of sound, including but not limited to any musical instrument, radio receiver, television receiver, tape recorder, phonograph or electronic sound amplifying system."]
The sound must be for commercial or business advertising purposes
The sound must be in connection with a commercial or business enterprise
The sound reproduction device must be in front or outside a building or in or through any aperture of such building
The sound must be heard on any public street, public sidewalk, public park or public place.

A 2002 New York State Supreme Court case, GH Ville Inc v. New York City Environmental Control Board, outlined five conditions that have subsequently been relied upon by OATH (Office of Administrative Trials and Hearings, which adjudicates these complaints) to determine a violation of the statute: