Legal Question in Landlord & Tenant Law in New York

Re: warranties of habitability

Warranty of habitability is a guarantee imposed by law that every renting tenant's residence as well as "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." In New York state, this warranty of habitability, a common law concept is written into New York state consolidated laws as Section 235-b of New York's Real Property Law from which I quote above. More succinctly, the warranty of habitabiity guarantees every residential renting tenant in New York state safety, usability, and livabity in the enjoyment and use of that tenant's residence.

It is called warranty of habitability because under the law it contractually binds the landlord to maintain the tenant's residence "fit for human habtation" as defined above regrdless of whether or not the landord ever actually porvides such guarantee.

Moreover, the teant cannoit waive, cannot sign away this warranty of habitability: even if the tenant would agree to waive the warranty of habitablity, such agreement would be null sand void under the law: "2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy" as also set forth in Section 235-b of New York's Real Property Law.

Various New York state laws and court decisions expand upon the landlord's duties to provide tenants with residences which are fit for habition as far as specifying the landlord's duties to control excessively noisy tenants who are disturbing other tenants, providing adequate heat, maintaining elevators,

eliminating insect infestation, etc.