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Tankles water heater question…

At the apartment building where I live, the tankless heater was relocated under our unit; there’s been construction for well over a year to add two new units in what used to be a basement and a garage; the heater was in the basement connected to a hot water tank reservoir. Construction began and we noticed a humming noise that turned out to be the tankless; with the old drywall and shear wall removed, the noise was a bit disturbing specially at night. A lot of plumbing, electrical and steam heat had to be relocated so the tankless was set outside on the driveway to the rear parking area and is just beneath our apartment. Since day one that heater constantly turns on and off and in and off and on and off… it’s loud and sometimes it rattles or makes something inside the walls rattle. The issue is unbearable at night; it has deprived me of a lot of well needed sleep; I expressed that concern, issue, problem to the building manager to the point where I had to go to the City officials because for so long it has been ignored.
Anyway, I’ve installed couple units myself and they are not as loud as this Rinai ?(brand) the one I used to service at our church is quiet and I’ve heard no complaints of the owners of the other two units.
Maybe @Srt4eric could give me an opinion whether this unit might be defective/broken?
The vent/intake for the other tankless I worked with are 3” in diameter but this Rinai unit had a 3” vent and intake. When the plumbers relocated it, they used 2” for both; Could that be the issue as well? I read the instructions for that unit and stated not to use smaller than 2”
The company had according to them, installed a damper but in reality they just put a rubber piece between the metal bracket that holds the tank on the wall and it is compressed so in my opinion, compressed rubber is just a solid piece that keeps of transferring the vibrations so the problem persists.
Any input much appreciated; I’ve only had about seven night of good sleep this year; all of them when I went on vacation with my family and camping; yes, that bad…
 
What a mess.
Especially since while it is really annoying, it likely does not legally rise to being considered uninhabitable.

Are you willing to move out?
If so, you can use that to negotiate.
Combine the threat of withholding rent with offering to do some work for free.
Otherwise, it is difficult. For an apartment complex it is likely a big very expensive water heater, not your $500 home depot thing, so a big deal to replace.
 
We like the place where we live, nice quiet neighborhood, cannot afford to move nor we even think of doing it. Think I'll wait for the reply to the city authorities from the management company.
sometimes it feels like I'm riding in a souped up car and I can hear the engine revving up and down.
 
How many units does that tankless serve? I'm sure it's used a lot more than the one at your church. Most tankless water heaters aren't installed right next to where you sleep so most people wouldn't notice it constantly turning on and off. It's kind of what they do. They are on demand heaters. It's possible there's a leak in the hot water line somewhere causing it to turn on at all hours.
 
How many units does that tankless serve? I'm sure it's used a lot more than the one at your church. Most tankless water heaters aren't installed right next to where you sleep so most people wouldn't notice it constantly turning on and off. It's kind of what they do. They are on demand heaters. It's possible there's a leak in the hot water line somewhere causing it to turn on at all hours.
Currently 12 units and in a couple months I’m guessing, the new two ADU will also run of that same heater; I believe the hot water tank/reservoir is about 100g
 
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