New York, NY asked in Landlord - Tenant for New York

Q: Can I sue my landlord in small claims court for a noise nuisance?

My landlord has refused to do anything about an noisy heating pipe that makes extremely loud banging and hammering noises for the last 2 winters. It has severely impacted my ability to sleep and live and now with Covid-19, work. I've sent them multiple requests including a formal letter in the mail. Would I have grounds to sue for partial rent given that my right to quiet enjoyment of my apartment was violated?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: "Quiet Enjoyment" is a legal term of art that probably doesn't mean what you think it does; however, you may have the right to demand the landlord correct the noise condition and even receive a partial rent abatement until the situation is corrected. If your landlord is not taking your complaints seriously, it may be time to invest in an acoustical consultant so you have object evidence that the noise is loud enough to require being addressed.

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