Habitability

Habitability is the conformance of a residence or abode to the implied warranty of habitability. A residence that complies is said to be "habitable". It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract. It is a common law right of a tenant or Legal doctrine.^[1]

In order to be habitable, such housing usually:

• must provide shelter, with working locks
• must be heated in the winter months (typically between October 1 and May 31 in the Northeastern United States)^[2]
• must not be infested with vermin, such as mice, roaches, termites, mold,^[3] etc.
• the landlord stops other tenants from making too much noise (as measured by the decibel scale), second-hand smoke,^[4] or from selling narcotics
• must provide potable water
• each Jurisdiction may have various rules.^{[5][6][7][8][9][10][11]}

New York law

Some states, such as New York, have given additional statutory protections in addition to those created by caselaw.^[12] These statutes include:

1. Lobby attendant service by a concierge or landlord ^[13]
2. Elevator mirrors ^[14]
3. Smoke detectors^[15]
4. Window guards^[16]
5. Intercoms and self-locking doors^[17]
6. Protection from lead paint ^[18]

Consequences

Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee.^[19] The tenant may remedy the problem,^[20][21] or complain to local government authorities for remedies.^[22]

See also

• Real property
• Real estate
• Implied warranty of habitability^[23]

References

1. ^ Nolo
2. ^ In New York, see N.Y. Multiple Dwelling Law § 79.
3. ^ Mold in condominium: Negligent maintenance: Breach of warranty of habitability: Settlement: Verdict | Law Reporter | Find Articles at BNET.com
4. ^ [1]
5. ^ Pennsylvania
6. ^ generally, United States
7. ^ California
8. ^ District of Columbia
9. ^ Vermont (form).
10. ^ Texas
11. ^ Massachusetts
12. ^ See N.Y. Attorney General's Website, q.v., and in External sources.
13. ^ N.Y. Multiple Dwelling Law §50-c
14. ^ N.Y. Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042
15. ^ N.Y. Multiple Residence Law §15; Buffalo Code Ch. 395; NYC Admin. Code §27-2045, §27-2046
16. ^ NYC Health Code §131.15
17. ^ N.Y. Multiple Dwelling Law §50-a
18. ^ NYC Health Code §173.14;
19. ^ Nolo Law
20. ^ See N.Y. Real Property Law §235-b.
21. ^ Warranty of Habitability (rev 7/96)
22. ^ N.Y. Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. (Note: The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages; from N.Y. Attorney General's Website.
23. ^ (Note to editors: merge with this article?)

External links

• The Attorney General of the State of New York's page
• Tenant's rights
• Pennsylvania law - Lehigh Valley Legal Services