Is an Apartment a Nuisance?

12 Pages Posted: 29 Oct 2015 Last revised: 10 Jun 2016

See all articles by Michael Lewyn

Michael Lewyn

Touro University - Jacob D. Fuchsberg Law Center

Date Written: 2015


In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.

Note: 2015© Thomson Reuters. This article originally appeared in The Real Estate Law Journal, Volume 43, Issue 4 (Spring 2015). Reprinted here with permission of Thomson Reuters.

Keywords: nuisance, multifamily, nimby, apartment, zoning, land use

Suggested Citation

Lewyn, Michael, Is an Apartment a Nuisance? (2015). 43 Real Est. L.J. 509 (2015), Touro Law Center Legal Studies Research Paper Series No. 16-19, U. of Pittsburgh Legal Studies Research Paper No. 2016-02, Available at SSRN:

Michael Lewyn (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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