Can excessive noise from a neighboring apartment legally justify a tenant withholding rent in New York City? And can a tenant run a daycare in their NYC apartment?

Aug 30, 2023

In Episode 15 we discuss whether excessive noise from a neighboring apartment violates the warranty of habitability and justifies a tenant withholding rent in New York City. The episode also explores the legality of operating a Group Family Daycare in a New York City apartment.

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Links:

(1) Link to Today’s Case

(2) Every residential lease implicitly carries with it a “Warranty of Habitability”. Real Property Law §235-b; Park West Management Corp. v. Mitchell, 47 NY2d 316 [1979].

(3) Noise from a tenant’s neighbor can theoretically breach the warranty of habitability and support a rent abatement. Nostrand Gardens Co-Op v. Howard, 221 AD2d 637 [2nd Dept 1995]; Armstrong v Archives L.L.C., 46 AD3d 465 [1st Dept 2007].

(4) Courts have repeatedly held that “a resident of a large city cannot reasonably expect to be surrounded by the stillness which prevails in a rural district.” Carroll v. Radoniqi, 2012 WL 4086956 [Supreme Court, New York County 2012], aff’d, 105 AD3d 493, 494 [1st Dept 2013].

(5) Link for Information on obtaining a Group Family Daycare License

(6) A tenant cannot be evicted for running a properly licensed Group Family Daycare in New York City. Marick Real Estate, LLC v. Ramirez, 11 Misc 3d 42, 43 [App. Term 2nd Dept. 2005)].