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:

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. Pennsylvania
  5. generally, United States
  6. California
  7. District of Columbia
  8. Vermont (form).
  9. TITLE 10.COMMUNITY DEVELOPMENT Part 7. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION Chapter 304. WARRANTIES AND BUILDING AND PERFORMANCE STANDARDS Texas Residential Construction Commission
  10. Massachusetts
  11. See N.Y. Attorney General's Website, q.v., and in External sources.
  12. N.Y. Multiple Dwelling Law §50-c
  13. N.Y. Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042
  14. N.Y. Multiple Residence Law §15; Buffalo Code Ch. 395; NYC Admin. Code §27-2045, §27-2046
  15. NYC Health Code §131.15
  16. N.Y. Multiple Dwelling Law §50-a
  17. NYC Health Code §173.14;
  18. Constructive Eviction archive
  19. See N.Y. Real Property Law §235-b.
  20. Warranty of Habitability (rev 7/96)
  21. 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.
  22. (Note to editors: merge with this article?)
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