Tenant Can't Prove Landlord Created Noise in Her Apartment

January 26, 2021

LVT Number: #31194

Tenant sued landlord for breach of her lease and/or the warranty of habitability. She claimed that landlord abused her by a "noise apparatus" that she claimed was used for more than five years as a "harassment tool orchestrated" by landlord. She further claimed that this apparatus or "ultrasound device" was beneath the floorboards or within the insulated ceiling or elsewhere in her apartment. She said that landlord failed to remedy the condition after notice. The trial court ruled for landlord and dismissed the case. Tenant appealed and lost.

Tenant sued landlord for breach of her lease and/or the warranty of habitability. She claimed that landlord abused her by a "noise apparatus" that she claimed was used for more than five years as a "harassment tool orchestrated" by landlord. She further claimed that this apparatus or "ultrasound device" was beneath the floorboards or within the insulated ceiling or elsewhere in her apartment. She said that landlord failed to remedy the condition after notice. The trial court ruled for landlord and dismissed the case. Tenant appealed and lost. Tenant completely failed to establish a case against landlord. She presented no legally sufficient proof of any type concerning her claims. She also presented no expert testimony that the decibel level in her apartment was excessive. 

Leger v. Westbeth Hous. Corp. HFDC: Index No. 570169/20, 2020 NY Slip Op 51528(U)(App. T. 1 Dept.; 12/18/20; Cooper, JP, Higgitt, McShan, JJ)

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