Habitability
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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:
- Lobby attendant service by a concierge or landlord [13]
- Elevator mirrors [14]
- Smoke detectors[15]
- Window guards[16]
- Intercoms and self-locking doors[17]
- 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
- ↑ Nolo
- ↑ In New York, see N.Y. Multiple Dwelling Law § 79.
- ↑ Mold in condominium: Negligent maintenance: Breach of warranty of habitability: Settlement: Verdict | Law Reporter | Find Articles at BNET.com
- ↑ [1]
- ↑ Pennsylvania
- ↑ generally, United States
- ↑ California
- ↑ District of Columbia
- ↑ Vermont (form).
- ↑ TITLE 10.COMMUNITY DEVELOPMENT Part 7. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION Chapter 304. WARRANTIES AND BUILDING AND PERFORMANCE STANDARDS Texas Residential Construction Commission
- ↑ Massachusetts
- ↑ See N.Y. Attorney General's Website, q.v., and in External sources.
- ↑ N.Y. Multiple Dwelling Law §50-c
- ↑ N.Y. Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042
- ↑ N.Y. Multiple Residence Law §15; Buffalo Code Ch. 395; NYC Admin. Code §27-2045, §27-2046
- ↑ NYC Health Code §131.15
- ↑ N.Y. Multiple Dwelling Law §50-a
- ↑ NYC Health Code §173.14;
- ↑ Constructive Eviction archive
- ↑ See N.Y. Real Property Law §235-b.
- ↑ Warranty of Habitability (rev 7/96)
- ↑ 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.
- ↑ (Note to editors: merge with this article?)
