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.
Islip, NY
During a declared snow emergency, Islip Traffic Code Section TC3-12 requires snow tires or chains and bans parking on residential streets and on the even sid...
Islip, NY
Retaining and other walls greater than 18 inches above average undisturbed grade must obtain a permit before construction and be set back from any property l...
Islip, NY
Islip prohibits electric fences and barbed, razor or concertina wire, requires any fence over 6 feet to be an open chain-link type, bars chain-link (cyclone)...
Islip, NY
A dog that attacks people or animals in Islip is adjudicated dangerous under New York Agriculture and Markets Law, and a court may order secure confinement, ...
Islip, NY
The Town of Islip prohibits any owner from allowing a dog, licensed or unlicensed, to be at large within the Town, and separately regulates how a dog may be ...
Islip, NY
The Town of Islip's fire code sets clearance distances for outdoor fires: recreational fires must stay at least 25 feet from any structure or combustible mat...
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