Landlord Properly Responded to Tenant's Claim of Nuisance by Neighbor
LVT Number: #32649
A publicly subsidized tenant sued landlord for breach of her lease, claiming that landlord failed to abate a nuisance caused by an upstairs neighbor who made excessive noise. The court ruled against tenant, finding that she failed to establish a claim for relief. There was no breach of quiet enjoyment of the premises since landlord took reasonable steps to abate any nuisance. Tenant didn't show that the claimed noise was so excessive as to deprive her of the essential functions that a residence was supposed to provide. She also failed to show that landlord didn't take reasonable steps to abate the neighbor's interference with tenant's quiet use and enjoyment of the apartment. The claimed noise simply didn't rise to the level of substantial and unreasonable interference with the tenant's use and enjoyment required to sustain such a claim. Landlord also had shown that it made good faith efforts to mitigate the alleged nuisance that were reasonable under the circumstances.
Chapman v. 2278 8BPE LLC: Index No. CV-005777-22, __________________, NYLJ No. 1687785953 (Civ. Ct. Bronx; 6/23/23; Zellan, J)