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. There was no implied warranty of habitability for tenants at common law and the legal doctrine has since developed in many jurisdictions through housing laws and regulations.[1][2] Habitability is synonymous with tenantability.[3]
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)[4]
- must not be infested with vermin, roaches, termites, or mold[5]
- requires the landlord to stop other tenants from making too much noise (as measured by the decibel scale), second-hand smoke,[6] or from selling narcotics
- must provide potable water
- each jurisdiction may have various rules.[7][8][9][10][11][12][13]
New York law
Some states, such as New York, have given additional statutory protections in addition to those created by caselaw.[14] These statutes include:
- Lobby attendant service by a concierge or landlord [15]
- Elevator mirrors [16]
- Smoke detectors[17]
- Window guards[18]
- Intercoms and self-locking doors[19]
- Protection from lead paint [20]
Consequences
Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee.[21] The tenant may remedy the problem,[22][23] or complain to local government authorities for remedies.[24]
See also
References
- ^ "Landlord-Tenant Law". Wex. Cornell Law School. Retrieved 16 December 2017.
- ^ "Duties of the Landlord". LawShelf. National Paralegal College. Retrieved 16 December 2017.
- ^ "Is tenantability broader than habitability?"
- ^ 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
- ^ "Archived copy". Archived from the original on 2007-09-28. Retrieved 2007-05-02.
- ^ 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 Archived 2007-03-12 at the Wayback Machine, 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;
- ^ Josephson, Richard C. (1971). "The Implied Warranty of Habitability in Landlord-Tenant Relations". William & Mary Law Review. 12 (3): 580. Retrieved 16 December 2017.
- ^ 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 Archived 2007-03-12 at the Wayback Machine.
- ^ (Note to editors: merge with this article?)