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.
Gates, NY
The Town of Gates regulates noise through its Code (eCode360 ID GA0050) and refers many quiet-hours questions to New York State Penal Law Section 240.20 (dis...
Monroe County, NY
City of Rochester prohibits on-street parking 2 AM to 6 AM year-round under Municipal Code §111-5 (alternate side not in effect; blanket overnight ban). Resi...
Monroe County, NY
Monroe County towns specify approved fence materials in zoning codes. Wood, vinyl, chain-link, and wrought iron standard. Barbed wire banned in residential z...
Monroe County, NY
NY State Uniform Code (Residential Code §R404) requires engineered design for retaining walls over 4 feet measured from bottom of footing. Monroe County muni...
Monroe County, NY
Monroe County does not have a separate countywide smoke-alarm ordinance; smoke-alarm requirements come from the New York State Uniform Fire Prevention and Bu...
Monroe County, NY
Monroe County is not designated a high wildfire hazard area. No defensible space requirements. NY DEC Part 215 brush burn ban (March 16 – May 14) is the prim...
See how Gates'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 If you notice an error or outdated information, let us know.