Tenant Gets One-Year, 50 Percent Rent Abatement for Construction Noise

Rent-stabilized tenant sued landlord for breach of the warranty of habitability and sought $25,000 in damages resulting from building renovations in 2017 and 2018. Tenant was an affordable housing tenant in a 421-a building. Landlord had commenced renovation of all hallways and common areas in the building, including the lobby, second-floor terrace space, and second-floor amenity spaces such as a fitness center, lounge, management office, pool, and sauna. Tenant's apartment was directly over the second-floor renovations. Tenant worked from home as a film producer and testified at trial that the apartment was uninhabitable for a year and a half, primarily due to renovation noise. The reno work occasionally caused items to fall from the apartment walls. While landlord eventually moved tenant temporarily to another apartment, tenant claimed that the work often went on beyond normal working hours and took place at night or very early in the morning. Tenant submitted audio records of the noise to show how loud the drilling was. The times recorded included weekend mornings and at least two dates before 6:30 a.m.

The court ruled for tenant, finding him credible and finding the noise level significant enough to prevent him from enjoying the use of his apartment while drilling took place. Landlord didn't take effective steps to abate the noise. The court granted tenant a 50 percent rent abatement for the one-year period that the condition existed in his apartment. Tenant also claimed loss of income but failed to prove that a decrease in income between 2017 and 2018 was caused by noise in the building. The court awarded tenant $3,480. 

Diaz v. AvalonBay Communities, Inc.: 65 Misc.3d 1232(A), 2019 NY Slip Op 51944(U) (Civ. Ct. NY; 12/10/19; Kraus, J)