Real Property Law Section 235-b imposes an implied warranty of habitability in every residential lease. Premises must be fit for human habitation and free of conditions dangerous to life, health, or safety. The right cannot be waived, and tenants may recover rent abatement for breaches.
Under RPL Section 235-b, every residential lease carries an implied warranty that the premises are "fit for human habitation and for the uses reasonably intended" and that occupants will not be "subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety." It covers the unit and common areas but not conditions caused by the tenant. Courts may award damages, typically as a rent abatement measured by the reduction in rental value, without requiring expert testimony. Any lease provision waiving the warranty is "void as contrary to public policy." For rent-regulated units, awards are reduced by any rent reduction already ordered by housing authorities for the same condition.
Tenants may sue for rent abatement and damages reflecting the reduced rental value during the defective period; courts may also order repairs. Waivers of the warranty are void.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Erie County, NY
Animal hoarding in Erie County is investigated by the SPCA Serving Erie County and prosecuted as cruelty by the Erie County District Attorney's Animal Cruelt...
Erie County, NY
The Erie County Department of Health treats improper bird and wildlife feeding as a rodent attractant and public-health nuisance and investigates complaints ...
Erie County, NY
Erie County does not license cats, but New York law requires every cat to be rabies-vaccinated, and the county Health Department runs free rabies clinics for...
Erie County, NY
Erie County sets no numeric limit on household pets. Any cap on the number of dogs or cats comes from a town, city, or village ordinance, while state law req...
Erie County, NY
Erie County imposes no countywide livestock ordinance. Keeping cattle, horses, goats, pigs, or other farm animals is controlled by each town, city, or villag...
Clarence, NY
Clarence Town Code prohibits keeping chickens in the Residential Single-Family (R-SF) zone unless the parcel is at least 5 acres or is located in the Agricul...
See how Clarence's repairs & habitability rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.