Landlord Can't Join Upstairs Neighbor in Case

March 1, 1998

LVT Number: 12200

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability, based on disruptive noises coming from her upstairs neighbor's apartment. Tenant asked the court to join the neighbor as a party to the case so that tenant could get an order barring her from making noise and involving possible money damages. The court ruled against tenant. The housing court has no authority to rule on a claim by tenant against another tenant in a case like this. At most, tenant could subpoena the neighbor as a witness in the nonpayment case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability, based on disruptive noises coming from her upstairs neighbor's apartment. Tenant asked the court to join the neighbor as a party to the case so that tenant could get an order barring her from making noise and involving possible money damages. The court ruled against tenant. The housing court has no authority to rule on a claim by tenant against another tenant in a case like this. At most, tenant could subpoena the neighbor as a witness in the nonpayment case.

Achim Bros. LLC v. Nelson: NYLJ, p. 30, col. 5 (2/4/98) (Civ. Ct. Kings; Wendt, J)

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