Fumes from Laundry Room

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability, based on fumes coming from the laundry room into his apartment. Tenant claimed that the fumes had been a problem for the past six years, and that landlord had gotten violations as a result of tenant complaints. Landlord argued that he'd made numerous attempts to address the problem---even shutting down the laundry room for a year to install a new ventilation system. The laundry room is owned and operated by a separate company, and landlord insisted that the company install charcoal filters every six months to minimize the fumes. Tenant argued that the filters didn't eliminate the fumes. Court: Tenant gets a 10 percent rent abatement, but only for two of the six years he complained about. Landlord had made a good-faith effort to address the problem by installing filters over a four-year period. And the conditions weren't severe enough to pose a danger to tenant or his family, or to damage his property.

Barker Ave. Co. v. Alpert: NYLJ, p. 23, col. 1 (10/5/94) (Civil Ct. Bronx; Heymann, J)