Habitability

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For habitability of planets, see Planetary habitability. For habitability of planet systems, see Habitable zone.

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.
  • requires the landlord to stop 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

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. ↑
  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

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