50% Abatement for Noisy Laundry Room

Landlord sued to evict co-op tenant for nonpayment of maintenance charges. Tenant claimed it withheld payment because landlord breached the warranty of habitability. Tenant claimed landlord didn't correct a nuisance caused by the loud noises and vibrations coming from a laundry room next to tenant's apartment. Tenant claimed the problem began after landlord replaced laundry-room equipment. Tenant had complained to landlord verbally and in writing. An engineer who testified in court confirmed that the noise in tenant's apartment was higher than acceptable levels and that the apartment vibrated. Landlord argued that the warranty of habitability claims didn't apply to co-op apartments. The court ruled for tenant and gave him a 50 percent rent abatement. Co-op tenants can raise warranty of habitability claims.

River Terrace Apts. v. Robinson: NYLJ, p. 27, col. 3 (5/27/98) (Civ. Ct. Bronx; Spears, J)