Legal Question in Real Estate Law in New York
Quiet enjoyment...Is noise a form of harassment?
Live in NYC (non-stabilized/controlled). A bar was opened directly below my apartment. Music is so loud I can sing along (daily from 11a to 3a), smoke and liquids from the bar seep into common areas through an adjoining emergency door. I�ve complained to landlord, bar owner/employees, police & DEP. Landlord completely ignores me and the bar says, �If I don�t like it�move�.
Also, landlord is unresponsive to several unrelated repair requests including a partially installed entry door. After 1 year, this remains secured by only a small lock (the door removed had locks professionally installed at my expense, he never replaced them or finished the job). I work for an airline and am frequently gone for days. Because of the door, I�m constantly worried about my belongings! It�s also a job requirement that I get proper rest before flights, which is impossible for the noise. I have been disciplined for showing up late and/or looking like I haven�t slept in days for this.
Can I sue the bar in small claims for the noise (harassment/mental distress) then demand my landlord release me on safety issues/breach of quiet enjoyment? Is he required to return my deposit and could he report the broken lease to perspective landlord?
1 Answer from Attorneys
Re: Quiet enjoyment...Is noise a form of harassment?
You will have to go to housing court and start an action of a breach of lease (breach of warranty of habitabilityquiet enjoyment). If you leave the apartment, you may be entitled to moeny damages. I suggest you consult with an attorney.
Daniel Clement
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