Noise and Vibrations from Bakery Interfered with Use of Tenant's Apartment

Tenant complained that noises, odor, and vibrations from the bakery beneath his bedroom affected the habitability of his apartment and, therefore, created a reduction in required services. An inspection confirmed the conditions, and the DRA reduced tenant's rent. Landlord appealed, claiming there could be no decrease in services absent any building violations. The DHCR ruled against landlord. The noise and vibrations coming from the bakery interfered with and limited tenant's normal use and enjoyment of his apartment. Although the problem was created by a commercial tenant, it was landlord's duty to stop it. The DHCR agreed, however, that the bread odor wasn't anything noxious and didn't constitute a reduction in services.

JRD Management: DHCR Adm. Rev. Dckt. No. BH 410310-RO (9/17/93) [3-page document]