Boiler Caused Excessive Noise and Vibrations

Facts: Tenants sued landlord, claiming there was excessive noise and vibration in their first-floor apartment caused by the boiler in the basement below them. Tenants had complained to landlord ever since new boiler was installed in 1990. Landlord claimed that there'd been no irreparable injury to tenants and that maximum allowable noise levels had exceeded only two out of the eight octave bands. Landlord also claimed that the condition had been corrected. Court: Tenants win. Landlord's own expert found that, when the boiler was operating, the noise levels in each room in tenants' apartment exceeded the statutory level in at least four octave bands. The excessive, continuous, and intense noise could cause irreparable harm to tenants if not taken care of. Landlord was ordered to install sound insulation in tenants' apartment at its own cost.

Locker v. 670 Apartments Corp.: NYLJ, p. 29, col. 6 (2/28/95) (Civ. Ct. NY; Wendt, J)