QUESTION

Are there grounds for a case against my landlord when the apartment I rented is next to a construction site making extremely loud noises?

Asked on Jun 09th, 2014 on Estate Litigation - New York
More details to this question:
I have recently moved to my new apt. I have signed a lease of 1 year starting end of April. The 1st day I moved I noticed the sound of constant drilling from the construction side just across the street. The constant noises makes it unbearable to live there or to do any sort of activity that required concentration. The noise is well above normal construction site noises as they are drilling a tunnel that uses large jackhammers.The drilling is almost constant throughout the day and until very late at night (until 3 or 4 am), only to start again, at 6 am. It's impossible for me to sleep without earplugs. I am always awaken at 6 am, and even if I work office hours, I don't need to be up that early every day.I have send several complaint emails which have been ignored. i know that they are in talks with the constuction site as I'm no the only tenant compaining. I was wondering if there are grounds for either a break in the lease,compensation,or to move to another unit in the same building.
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1 ANSWER

Matrimonial Law Attorney serving New York, NY at Law Office of Gerry Wendrovsky
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You have valid claims against both the landlord and the offending noisemakers. A construction zone has limits as to the times that work may proceed and the resultant noise; the violation of those limits creates a nuisance. The claim as against the landlord is based upon a statutory 'warranty of habitability'. Unfortunately, the cases are expensive to prosecute, and are becoming more common, with a body of caselaw that has developed in recent years. You should consult with a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
Answered on Jun 10th, 2014 at 3:29 PM

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