Tenant Must Raise Noisy Boiler Claim in Civil Court

June 30, 2003

LVT Number: 16661

Tenant sued landlord in Supreme Court. She claimed that the boiler in the basement vibrated and disturbed her quiet enjoyment of her first-floor apartment. Tenant had previously complained to the DHCR, which found the condition to be minor. HPD, however, issued a violation directing landlord to abate the nuisance from the boiler vibration. Landlord then sued tenant in civil court to obtain access to her apartment. In the civil court case, HPD deemed the violation corrected. The civil court judge visited the building and found no vibration from the boiler.

Tenant sued landlord in Supreme Court. She claimed that the boiler in the basement vibrated and disturbed her quiet enjoyment of her first-floor apartment. Tenant had previously complained to the DHCR, which found the condition to be minor. HPD, however, issued a violation directing landlord to abate the nuisance from the boiler vibration. Landlord then sued tenant in civil court to obtain access to her apartment. In the civil court case, HPD deemed the violation corrected. The civil court judge visited the building and found no vibration from the boiler. Landlord then asked the Supreme Court to dismiss tenant's case. The Supreme Court ruled for landlord, and tenant appealed. HPD had issued a new violation against landlord based on the boiler vibration. The appeals court ruled against tenant. Tenant was bound by the finding of the civil court that there was no vibration and must raise any new claim about the boiler in civil court.

Bassett v. West Side Equities LLC: NYLJ, 6/12/03, p. 19, col. 4 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Rosenberger, Friedman, Marlow, JJ)

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