Asked by user in New York. Answered by Enjuris Editors.
Under New York law, you have certain statutory rights. The two most common rights are as follows:
Warranty of habitability requires a landlord to ensure that the apartment and the common areas are kept in a condition that is fit for human habitation; fit for uses reasonably intended by the parties; and free from conditions endangering or detrimental to life, health, or safety.
Covenant for quiet enjoyment requires a landlord to refrain from conduct that “substantially and materially deprevies the tenant of the beneficial use and enjoyment of the premises for the purposes for which they were leased.”
Whether or not your landlord’s cooking violates either of these rights is a question for a judge or jury. I would strongly recommend attempting to work out the issue with your landlord. You might consider sending a letter (send it “certified mail with return receipt requested” so you have proof of delivery) explaining that you believe your rights are being violated and requesting that your landlord refrain from cooking in the common areas during late night hours.
If reasoning with your landlord doesn’t work, consider gathering evidence of their behavior (along with your requests for them to change their behavior), and file a complaint at your local New York housing court. If you need a lawyer to help you with the process, consider contacting the New York State Bar Attorney Referral Service.