Subtenant Gets 25% Rent Abatement for Noise, Dust Due to Construction

May 31, 2005

LVT Number: 18159

Landlord condominium apartment owner sued to evict subtenant for nonpayment of rent. Subtenant claimed a breach of the warranty of habitability. He claimed that there was severe noise plus vibrations and dust, caused by jack-hammering and other daytime construction activities in the building. The court gave subtenant some rent abatement. Subtenant appealed, arguing that his rent abatement should be larger. The appeals court ruled for subtenant and increased the rent abatement to 25 percent for a six-month period.

Landlord condominium apartment owner sued to evict subtenant for nonpayment of rent. Subtenant claimed a breach of the warranty of habitability. He claimed that there was severe noise plus vibrations and dust, caused by jack-hammering and other daytime construction activities in the building. The court gave subtenant some rent abatement. Subtenant appealed, arguing that his rent abatement should be larger. The appeals court ruled for subtenant and increased the rent abatement to 25 percent for a six-month period.

Itskov v. Rosenblum: NYLJ, 5/31/05, p. 29, col. 2 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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