Legal Question in Construction Law in New York

Re: landlord is doing construction til midnight!!

I believe the landlord may be violating your lease. Under the lease you have a warranty of quiet enjoyment of the property. If the landlord makes loud noise until midnight every night, he is probably breaking that warranty.

The landlord may also be violating a public law of disorderly conduct or disturbing the peace, especially if he is causing problems to a large number of tenants.

Mike.

Re: landlord is doing construction til midnight!!

Yes, the law does not allow noisy work after 7:00 PM, and no work on Sunday is permitted. Noise above 60dB is NEVER permitted in another person's premises, such as your apartment. That noise level is a violation of the warranty of habitability. It ia also, ironically enough, a breach of the covenant of quiet enjoyment (which has nothing necessarily to do with noise: it just means that the noise is a constructive eviction, entitling you to move out and sue the landlord for the lost value of the leasehold and moving expenses).

I would speak to a neighborhood law office about a potential Rent Strike under Article 7-A of the Real Property Actions and Proceedings Law. You could also complain to the DEP, and if they find noise above the 60 dB level or outside of hours, they will cite the landlord and you can use the violation as evidence in your suit.

Good luck.