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. 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:

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:

  1. Lobby attendant service by a concierge or landlord [15]
  2. Elevator mirrors [16]
  3. Smoke detectors[17]
  4. Window guards[18]
  5. Intercoms and self-locking doors[19]
  6. 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

  1. ↑ "Landlord-Tenant Law". Wex. Cornell Law School. Retrieved 16 December 2017.
  2. ↑ "Duties of the Landlord". LawShelf. National Paralegal College. Retrieved 16 December 2017.
  3. ↑ "Is tenantability broader than habitability?"
  4. ↑ In New York, see N.Y. Multiple Dwelling Law § 79.
  5. ↑ Mold in condominium: Negligent maintenance: Breach of warranty of habitability: Settlement: Verdict | Law Reporter | Find Articles at BNET.com
  6. ↑ "Archived copy". Archived from the original on 2007-09-28. Retrieved 2007-05-02.
  7. ↑ Pennsylvania
  8. ↑ generally, United States
  9. ↑ California
  10. ↑ District of Columbia
  11. ↑ Vermont (form).
  12. ↑ TITLE 10.COMMUNITY DEVELOPMENT Part 7. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION Chapter 304. WARRANTIES AND BUILDING AND PERFORMANCE STANDARDS Texas Residential Construction Commission
  13. ↑ Massachusetts
  14. ↑ See N.Y. Attorney General's Website Archived 2007-03-12 at the Wayback Machine., q.v., and in External sources.
  15. ↑ N.Y. Multiple Dwelling Law §50-c
  16. ↑ N.Y. Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042
  17. ↑ N.Y. Multiple Residence Law §15; Buffalo Code Ch. 395; NYC Admin. Code §27-2045, §27-2046
  18. ↑ NYC Health Code §131.15
  19. ↑ N.Y. Multiple Dwelling Law §50-a
  20. ↑ NYC Health Code §173.14;
  21. ↑ Josephson, Richard C. (1971). "The Implied Warranty of Habitability in Landlord-Tenant Relations". William & Mary Law Review. 12 (3): 580. Retrieved 16 December 2017.
  22. ↑ See N.Y. Real Property Law §235-b.
  23. ↑ Warranty of Habitability (rev 7/96)
  24. ↑ 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..
  25. ↑ (Note to editors: merge with this article?)
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