New York Statewide Rule
New York Warranty of Habitability
Key Facts
- Statute
- RPL Section 235-b
- Standard
- Fit for human habitation; no danger to health/safety
- Remedy
- Rent abatement / damages
- Waiver
- Void as against public policy
- Covers
- Unit and common areas
Summary
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.
In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can my New York lease waive the warranty of habitability?
What can I recover if my apartment is uninhabitable?
Does the warranty cover problems I caused?
Sources
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