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04/10/2012 04:36 PM

NY1 For You: Noise From Dunkin' Donuts Keeps Manhattan Renter Up At Night

By: Susan Jhun

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There's seemingly a Dunkin' Donuts on almost every corner, which is good if you want a coffee but not so good if you live above one, according to a Manhattan renter. NY1's Susan Jhun filed the following NY1 For You report.

Wilfredo Torres, a resident in the Kips Bay section of Manhattan, no longer sleeps in his bed to avoid the vibration coming from a refrigeration unit at the Dunkin' Donuts restaurant below his apartment.

"The whole floor is shaking, vibrating and after a while it gets into my nerves," says Torres. "They cause my whole apartment to vibrate and at times there is also noise."

There is enough noise and vibration that the Department of Buildings issued a violation for vibration to the landlord of the building, Phipps Houses. The Department of Environmental Protection issued another three violations for noise to Dunkin' Donuts at 476 Second Avenue.

Although the violations were paid, Torres says the vibration and noise continues 24/7 even when the store is closed.

"At this point I have no idea what to do because this is affecting my health," says Torres.

Now Torres, who has lived in his apartment for 20 years, is in danger of being evicted, since he says he stopped paying his rent and put it in escrow after the noise and vibration started.

NY1 called Phipps Houses and a spokesman said Phipps is unable to comment due to pending litigation.

The station then called Dunkin’ Donuts and a spokesman said the restaurant made adjustments to the refrigeration unit to make it quieter and reduce vibrations. He went on to say they also worked with multiple city agencies to measure the unit’s noise output to ensure it is operating within acceptable levels.

City agencies may have determined that but still Torres says he continues to live with the vibration. NY1 For You will continue to follow this story.

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