Noise from Water Pump

Tenant complained of a reduction in services based on excessive noise in his apartment coming from the basement due to a water pump below his apartment. The DRA ruled for tenant because an inspection showed that the noise came from the basement when the kitchen sink and/or bathroom sink faucets were running or when the toilet flushed. Tenant's rent was reduced. Landlord appealed, claiming that the inspector's finding was different from the condition claimed in tenant's complaint. The DHCR ruled against landlord. Although tenant didn't specifically complain that the noise occurred when the water ran in his apartment, landlord was on notice that the noise was coming from the water pump.

Melohn: DHCR Adm. Rev. Dckt. No. JH110093-RO (1/30/97) [2-page document]