Tenant Claims Roof Fan Vibrations Caused Damage

Rent-stabilized tenant complained of a reduction in services, claiming that a rooftop fan made a low throbbing bass noise and caused her top-floor apartment to vibrate. The DRA ruled against tenant, who appealed and lost. Tenant had filed a separate complaint with DEP, which found that the sound measurements in tenant's apartment were within NYC's allowable noise level. DHCR inspection showed that the rooftop fan had no excessive vibrations, and that there was no damage to the walls or ceiling of tenant's apartment. While tenant's PAR was pending, she submitted a copy of an ECB violation finding that landlord had failed to maintain or secure the exhaust fan on the roof in a code-compliant manner. But this order was issued after the DRA issued its order and couldn't be considered on appeal. 

115 East 60th Street: DHCR Adm. Rev. Docket No. AU410003RT (9/20/13) [3-pg. doc.]