Tenant Gets Rent Cut for Noise and Nuisance

September 30, 1995

LVT Number: 10062

Tenant sued landlord, complaining of noise and nuisance. The court ruled for tenant, awarding her $4,000 damages and reducing her rent $50 per month until the nuisance was stopped. Landlord appealed. The appeals court ruled against landlord. Tenant sufficiently showed that loud and offensive noises were penetrating into her apartment from some place within the building. There was no indication that tenant denied landlord access. Tenant couldn't be expected to go from apartment to apartment or into nonpublic, landlord-controlled areas looking for the source of noise.

Tenant sued landlord, complaining of noise and nuisance. The court ruled for tenant, awarding her $4,000 damages and reducing her rent $50 per month until the nuisance was stopped. Landlord appealed. The appeals court ruled against landlord. Tenant sufficiently showed that loud and offensive noises were penetrating into her apartment from some place within the building. There was no indication that tenant denied landlord access. Tenant couldn't be expected to go from apartment to apartment or into nonpublic, landlord-controlled areas looking for the source of noise.

Wortman v. Solil Management Corp.: 629 NYS2d 422 (7/13/95) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Ross, Williams, Tom, JJ)

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