Did Rooftop Drilling Breach the Warranty of Habitability?

Tenant moved into an apartment in January 2019 at a monthly rent of $4,560. The apartment was on the sixth floor, two floors below the building's roof. When a real estate broker showed tenant the apartment, there was a notice posted at the building advising of a "roof project." The broker told tenant that the roof project was completed, the apartment was quiet, and tenant wouldn't hear any construction noise.

But tenant claimed that from February through May 2019, loud and intrusive drilling was conducted on the roof. There was a lull in construction over the summer, but then the roof drilling resumed from October through November 2019.

Tenant then found out that landlord was performing asbestos removal from the roof without notice to tenants. Landlord posted signs about the asbestos removal only after tenant confronted the building super. Landlord's new notice advised that asbestos removal would continue until autumn 2020.

Tenant then sued landlord for violation of tenant's rights to quiet enjoyment and habitability. Tenant also claimed fraudulent inducement, constructive eviction, and sought $50,000 in damages. Landlord asked the court to dismiss the case without trial.

The court ruled for landlord in part, dismissing tenant's claims for constructive eviction, breach of the covenant of quiet enjoyment, and fraudulent inducement. Constructive eviction didn't apply here because tenant never abandoned the apartment. Fraudulent inducement didn't apply because the broker, not the landlord, made the claimed misrepresentation. But the court denied landlord's request to deny tenant's claim for breach of the warranty of habitability. The  court ordered a preliminary conference for the case. 

Jerome v. 20 E. 67th St. Assoc. LLC: Index No. 161624/2019, 2020 NY Slip Op 50639(U)(Sup. Ct. NY; 6/2/30; Lebovits, J)