30% Abatement for Noise and Vibrations

(Decision submitted by Margaret A. Gangi of the Manhattan law offices of Michael K. Brown, attorney for the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on continual noise and vibrations from the copy-shop business located in the unit above his apartment. The court ruled for tenant and gave him a 30 percent rent abatement for a one-year period. There was sufficient noise and vibrations from the upstairs unit during this time to warrant the rent cut. It was limited to this amount in light of landlord's extensive efforts to correct the problem. Landlord had paid to have the commercial tenant's compressor suspended from the ceiling and had added soundproofing material to the floor above tenant's apartment. This cut the noise by 50 percent.

West Street Equities Group v. Outer Limits Design: L&T Index No. 88940/97 (3/12/98) (Civ. Ct. NY; Renwick, J) [6-page document]