NUISANCES
NOISE
Some areas of 3003 Van Ness are noisy — some are not. It depends entirely on the habits of those who live next to, above, or below you, or outside your window. It doesn’t help that in some cases Equity Residential puts 2-4 college students in one bedroom apartments.
In the past — before Equity Residential took control of 3003 Van Ness — previous management enforced a quiet rule from 10:00 PM to 10:00 AM. During those hours, loud noise like hammering, vacuuming, loud music or televisions, was not permitted. And it now seems quaint that tenants were required to cover more than 75% of their floors with carpet to dampen noise. Currently, there are no noise rules whatsoever.
When residents at 3003 Van Ness complain to the front desk or to management about excessive noise, they are instructed to call the police. Equity Residential takes no responsibility for the behavior of its residents, even in extreme circumstances. Some people are known to yell and scream during the day or well into the night - management generally takes no action. We are hopefully that the new building manager will take appropriate steps.
However, DC law suggests that tenants should be afforded a “warrant of habitability,” which guarantees not only that a rental unit meets housing codes but also that tenants have the right to the “quiet enjoyment” of their apartments.
The Washington Post posed this question to the DC Office of the Tenant Advocate (OTA):
“Can landlords in the District of Columbia be required to enforce law and order at their properties? An example: Tenants playing loud music, allowing their children to run, stomp and play in an apartment and hallways, making noise disturbing others’ quality of life.”
The OTA answered:
“Yes, the landlord is required to take reasonable action against tenants who cause disturbances to other tenants....
Under District case law, however, the “warranty of habitability” goes beyond just the property’s physical aspects, and includes the tenant’s right to the “quiet enjoyment” of the rental unit. For example, where the tenant has been subjected to an unreasonably prolonged and noisy construction project in the building, a court will likely hold that the landlord is in breach of the lease.
What else does the “warranty of habitability” cover? The key factor is the reasonable expectations of the parties. Certainly, it is reasonable for a tenant to complain to the landlord about a chronic disturbance caused by another tenant.”
When tenants complain to Equity about noise, they are told to call the police. However, tenants are reluctant to call the police regarding noise unless it is severe and persistent. Because of Equity’s hands-off policy, some residents are forced to put up with excessive noise coming from other apartments.
SMOKE AND SMELLS
In some parts of 3003 Van Ness, tenants are frequently bothered by smells from other apartments — e.g., cigarette or marijuana smoke, cooking smells or worse. This occurs even when all doors and windows are closed; the smells emanate from the heating/cooling convectors. Despite many complaints to Equity Residential management, these problems have not abated.
Such smells are not a normal part of a well-functioning apartment building, which is supposed to have a power ventilation system to provide fresh air to apartments and pull stale air out of them, often expelling it through the roof using large fans. There is a similar system at 3003 Van Ness that used to work reasonably well, but it no longer works well enough to prevent smoke and smells from traveling from one apartment to another.
AGGRESSIVE DOGS
In December 2021, a small dog was mauled by two pit bulls in the underground garage of 3003 Van Ness. The dog was treated at the emergency room of an animal hospital, where it received stitches. The dog’s owner was unharmed, but shaken by the incident.
The attack was reported to Equity Residential management, but no action has been taken. Other aggressive dogs also live in the building. Equity appears not to have any rules regarding the size or temperament of dogs allowed in 3003 Van Ness.