Q: My landlord lives above me and makes excess noise daily. I have complained several times. They’ve acknowledged the noise
And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop things or walk heavier than normal the reading is out of compliance. Last time I complained they’ve gone into high gear, banging more, stomping louder, again I have the sounds on video. I’m sick to my stomach and in the process of looking elsewhere, but can I sue them? I’ve never been late on my rent, never thrown loud parties or have ppl here at all hrs. I live by myself and I’m quiet. Please advise. Thanks
A: I would say that you would have a case for harassment and constructive eviction, amoung other possible claims. You seem to have the ability to measure and record the ambient sound from their apartment to record the chronic noncompliance. You should consult with a landlord tenant attorney. Good luck.
Steven Warren Smollens agrees with this answer
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A:
Dear Centereach Tenant
You must take into account that you reside in a community that does not afford much protection for tenants from a landlord choosing to not renew a lease or a tenancy. Generally Harassment is not recognized as a cause of action against a landlord beyond NYC Housing Court.
Your landlord's interference with your use and enjoyment of your home may be a Constructive Eviction but that legal doctrine is not much use since you need to move out to safely end the lease. If you don't have a lease NYS housing law allows you to end your month to month tenancy by giving one month advance notice and moving out.
For damages you suffer from the landlord breaching the Statutory Warranty of Habitability you may find that you had a duty to mitigate your damages and if you have an unregulated tenancy without a lease then you end the suffering from exposure to the landlord’s noise by moving out. That may be so since NYS housing law does not recognize that a tenant with a monthly tenancy has any expectations of entitlement to a long-term or personal tenancy.
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