New Trial Needed on Tenant's Noise Complaint

April 10, 2013

LVT Number: #24702

Rent-stabilized tenant sued landlord for breach of the warranty of habitability, claiming that she was forced to endure unreasonable noise from the apartment upstairs. The court ruled for tenant and awarded her $3,500 in damages. Landlord appealed, and the case was reopened. The lower court didn't explain how it calculated the damages award, and there were no specific findings as to the duration of the noise condition and the timing of tenant's complaints. The reasonableness of tenant's claim therefore couldn't properly be assessed.

Rent-stabilized tenant sued landlord for breach of the warranty of habitability, claiming that she was forced to endure unreasonable noise from the apartment upstairs. The court ruled for tenant and awarded her $3,500 in damages. Landlord appealed, and the case was reopened. The lower court didn't explain how it calculated the damages award, and there were no specific findings as to the duration of the noise condition and the timing of tenant's complaints. The reasonableness of tenant's claim therefore couldn't properly be assessed.

Burgos v. Harry Realty LLC: 38 Misc.3d 147(A), 2013 NY Slip Op. 50358(U) (App. T. 1 Dept.; 3/12/13; Torres, JP, Schoenfeld, Shulman, JJ)

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