Fifty Percent Rent Abatement for Excessive Noise

January 1, 1996

LVT Number: 10302

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. There was excessive noise from a neighbor's apartment during late night and early morning hours. The court ruled for tenant and gave him a 50-percent rent abatement. Landlord appealed. The appeals court ruled against landlord. There was sufficient proof of the noise and of the fact that landlord was given enough notice of the noise. Landlord didn't take any effective steps to stop the nuisance.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. There was excessive noise from a neighbor's apartment during late night and early morning hours. The court ruled for tenant and gave him a 50-percent rent abatement. Landlord appealed. The appeals court ruled against landlord. There was sufficient proof of the noise and of the fact that landlord was given enough notice of the noise. Landlord didn't take any effective steps to stop the nuisance.

Nostrand Gardens Co-op v. Howard: NYLJ, p. 36, col. 5 (12/6/95) (App. Div. 2 Dept.; Sullivan, JP, Thompson, Hart, Goldstein, JJ)

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