Excessive Noise from Apartment Below

January 1, 1994

LVT Number: 8488

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the tenant in the apartment below his made excessive noise. Tenant claimed that this breached the warranty of habitability. The trial court ruled for tenant and gave him a 50 percent rent abatement. Landlord appealed, and the appeals court ruled against landlord. Tenant had sufficiently proved his claim. Tenant had complained to the building manager a number of times and brought up the matter when attending the building's co-op board meetings. Still, nothing was done to stop the other tenant's noise.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the tenant in the apartment below his made excessive noise. Tenant claimed that this breached the warranty of habitability. The trial court ruled for tenant and gave him a 50 percent rent abatement. Landlord appealed, and the appeals court ruled against landlord. Tenant had sufficiently proved his claim. Tenant had complained to the building manager a number of times and brought up the matter when attending the building's co-op board meetings. Still, nothing was done to stop the other tenant's noise.

Nostrand Gardens Co-op v. Howard: NYLJ, p. 35, col. 2 (12/30/93) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Patterson, JJ)

Topics

More like this