James Brusseau, Plaintiff, v. LLC (2026)

Plaintiff seeks damages in the amount of $1,680 with interest from 10/1/24 for breach of contract and warranty. A trial on this small claims matter was held on June 4, 2026. Plaintiff rented an apartment from defendant. He testified credibly that a child who lived in the apartment directly above him made knocking/bouncing sounds on many mornings, which did not allow him to sleep. Plaintiff emailed the building manager many times to resolve the problem, and requesting that carpet be installed as a preventive measure. Plaintiff claims that defendant failed to address his concerns.

Pursuant to Real Property Law § 235-b, "every residential lease contains an implied warranty of habitability which is limited by its terms to three covenants: (1) that the premises are "fit for human habitation", (2) that the premises are fit for "the uses reasonably intended by the parties", and (3) that the occupants will not be subjected to conditions that are "dangerous, hazardous or detrimental to their life, health or safety."Solow v. Wellner, 86 NY2d 582, 587-588 (1995). This implied warranty "protects only against conditions that materially affect the health and safety of tenants or deficiencies that 'in the eyes of a reasonable person ... deprive the tenant of those essential functions which a residence is expected to provide." Id.

A landlord's obligation under the warranty of habitability to maintain the premises in a safe and habitable condition is nondelegable. Park West Management Corp. v. Mitchell, 47 NY2d 316, 327 (1979); Shackman v 400 E. 85th St. Realty Corp., 2019 NY Slip Op 51198(U); 2019 NY Misc. LEXIS 4092, *1 (Sup. Ct. NY Co. 2019). This includes when the uninhabitable condition is caused by the act of third parties. Park West Management Corp., supra, 47 NY2d at 327. See also, O'Hara v. Board of Directors of the Park Ave. & Seventy-Seventh St. Corp., 206 AD3d 476, 477 (1st Dept. 2022) ("The owner of a multiple dwelling has a nondelegable duty to maintain the building in good repair under Administrative Code of the City of New York § 27-2005 (a)").

In general, sounds from a neighboring apartment "do not breach the warranty of habitability when they are incidental to normal occupancy, such as . . . heavy footsteps, banging." Kaniklidis v. 235 Lincoln Place Hous. Corp., 305 AD2d 546, 547 [2nd Dept. 2003], and children "stomping." O'Hara, supra, 206 AD3d at 476. However, defendant's admitted failure to enforce the rule that rugs must cover at least 80% of each tenant's apartment, unreasonably interfered with his use and enjoyment of the property. Defendant's failure caused the noises from the apartment directly above to be so excessive that plaintiff was deprived of the essential functions that a residence was supposed to provide, namely, a place to sleep. Accordingly, this court finds that defendant breached its implied warranty of habitability.

The Civil Court Act ("CCA") § 1804 provides that the court must conduct hearings upon small claims in such manner as to do substantial justice between the parties according to the rules and principles of substantive law. O'Hara v. Bates, 2025 NY Slip Op 51146(U), 2025 NY Misc. LEXIS 6289, *1-2 (App. Term 2d Dept. 2025). In accordance with this duty, this court awards judgment in favor of plaintiff James Brusseau in the amount of $1,680, which represents a partial rent abatement for one month.

As to plaintiff's concern for his future quiet enjoyment of the premises, this court is without equitable jurisdiction to compel defendant to carpet the apartment above, or to compel the non-party tenant to do the same. This constitutes the decision and order of the court.

Dated: June 5, 2026

Kings County, New York

Hon. Tehilah H. Berman

Judge of the Civil Court

Tehilah H. Berman, J.