Construction Noise Didn't Breach Warranty of Habitability

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $58,000 in back rent, which included $4,200 in late fees. In response, tenant claimed breach of the warranty of habitability, rent overcharge, fraud, and harassment. The court ruled for landlord. There was no overcharge or fraud. Landlord presented DHCR records, leases, rent ledgers, itemized lists of work done, receipts, and documentation of individual apartment improvements (IAIs) performed in the apartment before tenant moved in. Landlord proved that the legal rent on the base date four years earlier was $2,249, while tenant paid a lesser amount of $2,200. There also was no breach of the warranty of habitability by either noise or removal of a community room in the building's basement. Landlord performed construction on an upper floor between the hours of 9 a.m. and 4 p.m. over several months. But tenant never complained to HPD and no violations were issued in connection with the work or noise. As to tenant's complaint that landlord failed to give access to a community room for tenant association meetings, that didn't constitute a breach of warranty even if it was true. And the DHCR already had dismissed tenant's complaint for a rent reduction for this condition, since tenant waited more than four years to complain.

Rossmil Associates LP v. Macneal: Index No. 54330/12, NYLJ 1202624808381 (Civ. Ct. NY; 6/4/13; Hahn, J)