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New York Real Property - Article 7 - § 235-B Warranty of Habitability

Legal Research Home > New York Laws > Real Property > New York Real Property - Article 7 - § 235-B Warranty of Habitability


Real Property 
 
    §  235-b.  Warranty of habitability. 1. In every written or oral lease
  or rental agreement for residential  premises  the  landlord  or  lessor
  shall  be  deemed to covenant and warrant that the premises so leased or
  rented and 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.
  When  any such condition has been caused by the misconduct of the tenant
  or lessee or persons under  his  direction  or  control,  it  shall  not
  constitute a breach of such covenants and warranties.
    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.
    3.  In  determining  the  amount of damages sustained by a tenant as a
  result of a breach of the warranty set forth in the section, the court;
    (a) need not require any expert testimony; and
    (b) shall, to the extent the warranty is breached or cannot  be  cured
  by  reason  of  a  strike  or  other  labor  dispute which is not caused
  primarily by the individual landlord or  lessor  and  such  damages  are
  attributable  to such strike, exclude recovery to such extent, except to
  the extent of the net savings, if any, to  the  landlord  or  lessor  by
  reason  of  such  strike  or  labor  dispute  allocable  to the tenant's
  premises, provided, however, that the landlord or lesser has made a good
  faith attempt, where practicable, to cure the breach.
    (c) where the premises is subject to regulation pursuant to the  local
  emergency  housing rent control law, the emergency tenant protection act
  of nineteen seventy-four, the rent stabilization law of nineteen hundred
  sixty-nine or the city rent and rehabilitation law,  reduce  the  amount
  awarded  hereunder  by the total amount of any rent reduction ordered by
  the state division of housing and community  renewal  pursuant  to  such
  laws or act, awarded to the tenant, from the effective date of such rent
  reduction order, that relates to one or more matters for which relief is
  awarded hereunder.
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Last modified: February 16, 2014