20 East 67th Street Associates LLC (Landlord) is the owner of a seven-story residential property located at 20 East 67th Street in Manhattan, New York (the Property). On January 2, 2019, Emily Jerome entered into possession of a residential apartment located at Apt.

6R at the Property (the apartment) pursuant to a written one-year lease dated January 2, 2019 (the Lease). The apartment is located on the sixth floor, two floors below the roof. Jerome complains that at the time Jerome entered the Lease, a notice dated April 2018 was posted at the Property advising of a “Roof Project.” Jerome was advised by defendants’ exclusive broker that the project was completed, that the apartment was quiet, and that Jerome would not hear any construction noise.

However, from February through May 2019, loud and intrusive drilling was conducted on the roof of the Property. After a lull in construction over the summer, the drilling on the roof resumed from October through November 2019, five months collectively. In October 2019, Jerome learned that defendants were removing asbestos from the Property roof. Jerome complains that it was only after Jerome confronted the Property superintendent that defendants posted signs advising of asbestos removal. The posted signs advised that the asbestos removal would continue until the Fall of 2020. Jerome argues that defendants have violated and continue to violate Jerome’s rights to quiet enjoyment and habitability of the apartment and have constructively evicted Jerome from the apartment. What do you think of Jerome’s claims? Is drilling noise enough to breach the warranty of habitability?