Landlord Not Liable for Noise Caused by Tenant

January 1, 1993

LVT Number: 6670

Tenant sued landlord New York City Housing Authority (NYCHA) for damages for nuisance she claimed she sustained because of excessive noises coming from an adjacent apartment. The trial court ruled in tenant's favor, and landlord appealed. The appeals court reversed. Landlord isn't responsible for noise created by another tenant. And tenant didn't frame her complaint properly. She didn't state that landlord failed to take steps against the other tenant or to abate the nuisance. She also failed to claim that landlord breached her lease agreement.

Tenant sued landlord New York City Housing Authority (NYCHA) for damages for nuisance she claimed she sustained because of excessive noises coming from an adjacent apartment. The trial court ruled in tenant's favor, and landlord appealed. The appeals court reversed. Landlord isn't responsible for noise created by another tenant. And tenant didn't frame her complaint properly. She didn't state that landlord failed to take steps against the other tenant or to abate the nuisance. She also failed to claim that landlord breached her lease agreement.

[Fox v. New York City Housing Authority: NYLJ, p. 26, col. 5 (12/30/92) (App. T.1 Dept.; Riccobono, JP, Miller, McCooe, JJ)].

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