Noise and Odor from Bakery

Facts: Tenant claimed breach of the warranty of habitability, based on odors and loud noises coming late at night from the bakery three floors below his apartment. Tenant also asked for attorney's fees. Tenant had complained verbally many times to the building's managing agent and doorman over a period of several years. Tenant then began withholding rent. Landlord sued to evict tenant for nonpayment. Landlord claimed it didn't get proper notice of tenant's complaints. Court: Tenant wins. Landlord can't enforce a lease clause stating that tenant must send ``notices'' to landlord in writing to deny tenant his rights. Landlord had sufficient actual notice of the conditions tenant complained of. And landlord didn't have anyone from the bakery testify as a witness. Tenant was entitled to a 15 percent rent abatement for the six years that the condition existed on a daily basis. Tenant also was entitled to attorney's fees.

Regency Joint Venture v. Goodman: NYLJ, p. 30, col. 2 (5/12/93) (Civ. Ct. N.Y.; Wendt, J)