A dispute over a bad smell in a New York City luxury apartment grew into a legal battle after the tenant sued his landlord.

Here’s what to know

The tenant, 42-year-old tech worker David Gobaud, told Gothamist that unpleasant air is entering his $5,850-a-month one-bedroom apartment through a wall beside the trash compactor room.

Gobaud’s apartment is on the 46th floor of The Epic, a Midtown high-rise whose website describes it as “the next generation of green NYC luxury rental apartments.”

He said the odor was there on move-in day in June and that he has submitted repeated repair requests and also filed complaints with the city’s housing agency.

“The apartment unfortunately smells like hot garbage or the subway,” Gobaud told Gothamist. “There’s a draft of warm, smelly trash and mechanical air constantly entering the apartment.”

His landlord, meanwhile, said company staff who visited the unit did not detect any odor.

In a July email cited by Gothamist, Fetner Properties CEO Hal Fetner said, “My team has been in the apartment and have not noticed any smell, as well as no resident prior to you have complained about the smell. Candidly, I am very proud of the actions my team have taken to accommodate you, and it is unfortunate that we cannot satisfy your needs.”

More background

The building does not appear to have a long public history of similar complaints. The Department of Housing Preservation and Development had logged only four complaints from other tenants since April 2025, and the agency had never issued violations in Gobaud’s unit.

Even so, Gobaud said the issue is serious enough that he bought structural plans for the building, used a borescope camera behind his kitchen cabinet, and took heat readings near the wall by the garbage room. He believes fumes are coming in through openings around an electrical outlet.

Veteran tenant attorney Sam Himmelstein told Gothamist that the dispute is “unusual” because housing court cases often depend on city violations that have already been documented.

“These cases… are much harder for housing court to process,” he said.

What can be done?

Documentation can make a major difference with odors, leaks, or other apartment issues that are difficult to prove. Always keep repair requests in writing, save emails, take photos, note dates, and file official complaints with local housing agencies when appropriate.

In some situations, an independent expert may help, though Himmelstein said that can be expensive.

Gobaud has continued paying rent and declined an offer to end his lease because moving in New York is so costly and difficult.

“ I just want the fumes to go away,” he said.

For people dealing with building rules that get in the way of healthier or lower-cost home habits, it may also be worth working with landlords or HOAs to change established rules.

Where can I learn more?

Renters often have to fight uphill battles when they encounter problems in their property, and the issues aren’t limited to New York.

• A renter ended up staying in a hotel after tracing an apartment stench to plumbing.

• After a strange smell raised alarms, one renter found problems with the gas stove.

• A tenant said the fireplace was leaking carbon monoxide and got an implausible fix.

• One resident said trash was invading the front porch from next door.

• An apartment resident said their neighbor’s waste habit stinks and attracts pests.

Get TCD’s free newsletters for easy tips, smart advice, and a chance to earn $5,000 toward home upgrades. To see more stories like this one, change your Google preferences here.