Court Limits When Tenant Can Give Voice Lessons in Apartment

November 1, 1998

LVT Number: 12786

Tenant sued landlord and other tenant who had complained that tenant was conducting voice lessons in his apartment in violation of his lease. The other tenant asked the court to limit the hours and days during which tenant could give the lessons while the case was pending. Tenant played the piano during the lessons and sometimes there was more than one singer at a time. The court limited tenant's lesson hours to noon to 5:00 p.m. on Monday through Friday and 11:00 a.m.--5:00 p.m. on Saturdays. Other tenant appealed, claiming this wasn't enough.

Tenant sued landlord and other tenant who had complained that tenant was conducting voice lessons in his apartment in violation of his lease. The other tenant asked the court to limit the hours and days during which tenant could give the lessons while the case was pending. Tenant played the piano during the lessons and sometimes there was more than one singer at a time. The court limited tenant's lesson hours to noon to 5:00 p.m. on Monday through Friday and 11:00 a.m.--5:00 p.m. on Saturdays. Other tenant appealed, claiming this wasn't enough. The appeals court cut back the permitted hours, based on tenant's own statement of what time was spent giving voice lessons, to 5:00 p.m.--8:00 p.m. Monday through Friday and noon to 3:00 p.m. on Saturday. Whether the voice lessons were a permitted home occupation or a commercial use violating tenant's lease was an issue to be decided at a trial.

Besser v. Beckett: 677 NYS2d 364 (1998) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Rubin, Williams, Mazzarelli, JJ)

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