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Posted by Sam on March 13, 2001 at 01:15:47:

In Reply to: Re: Excessive construction noise posted by s on March 12, 2001 at 12:04:51:

Withholding rent will only get you on the wrong end of a lawsuit: he will sue for eviction for non-payment, then you'll have to defend on the basis of Warranty of Habitability. Read more about the process in the Housing Court Decision section of Tenant.Net. No Judge will give you 100% rent abatement for that...

His actions are definitely illegal, in violation of a relatively new NYC noise law re professional power tools: Local Law 12 of 1996, amending section 24-203 of the administrative code of the city of New York.

The renovations probably also require a Work Permit from the Department of Buildings and are in violation of old laws forbidding such work during those hours: http://nyc.gov/html/dob/html/faq.html

http://nyc.gov/html/dob/html/worper.html

• NYC DOB

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Comments:
: Withholding rent will only get you on the wrong end of a lawsuit: he will sue for eviction for non-payment, then you'll have to defend on the basis of Warranty of Habitability.  Read more about the process in the Housing Court Decision section of Tenant.Net.  No Judge will give you 100% rent abatement for that...

: His actions are definitely illegal, in violation of a relatively new NYC noise law re professional power tools: Local Law 12 of 1996, amending section 24-203 of the administrative code of the city of New York.

: The renovations probably also require a Work Permit from the Department of Buildings and are in violation of old laws forbidding such work during those hours: http://nyc.gov/html/dob/html/faq.html

: http://nyc.gov/html/dob/html/worper.html


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