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I was asked by some one... Where can I obtain information about the "quiet enjoyment" rule of a shareholder in a New York State co-op set-up. A good definition of the term "quiet enjoyment" would also be apreciated. I'm also interested in information about the business corporation law portions which deals with rights of shareholders in a NYS co-op. I know the by-laws of the coop would have these, but need the actaul law.
With great thanks
Peter
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Pgrech, from the American Bar Association:
"What does "right of quiet enjoyment" of the premises mean? That legal phrase does not refer to noise; it refers to the tenant's legal right to occupy the apartment. The landlord would violate the right by renting the same apartment to two different tenants or by removing the tenant's belongings."
My assumption--and I could very well be wrong--is that if the resident is complaining about noise renders his/her apartment unliveable, then NYS Real Property Law §235-b the warranty of habitability may be the relevant law but it's up to a judge to decide if the noise is illegal. NYC also recently passed a new noise control ordinance that took effect this July but I don't know the formal name.
Finally, NYS business corporation law is important for coops but I think they literally constitute volumes so I can't pinpoint which sections are most relevant because I'm not lawyer!
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