WARRANTY OF HABITABILITY
Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment, a right that is implied in every written or oral residential lease.
Any lease provision that waives this right is contrary to public policy and is therefore void.
Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation.
Public areas of the building are also covered by the warranty of habitability.
Owners of cooperative apartments can raise the warranty of habitability but not owners of condominiums. Tenants and sub- tenants in cooperatives and condominiums can raise the warranty of habitability.
Any uninhabitable condition caused by the tenant or persons under the tenant’s direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the tenant’s responsibility to remedy the condition.
If a landlord breaches the warranty of habitability, the tenant may sue for a rent reduction.
Alternatively, rent regulated tenants can also file a rent reduction complaint with DHCR. Before filing such a complaint with DHCR for breach of the warranty, the tenant must communicate in writing with the landlord about the problem. A complaint may only be filed with DHCR not less than 10 days and not more than 60 days from the date the tenant sent a notice to the landlord.
The tenant may also withhold rent, but in response, the landlord may sue the tenant for non- payment of rent. In such case, the tenant may countersue for breach of the warranty. The court or DHCR may grant a rent reduction if it finds that the landlord violated the warranty of habitability.
The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.
For a tenant to receive a reduction, the landlord must have actual or constructive notice of the existence of the defective condition.
A landlord’s liability for damages is limited when the failure to provide services is the result of a union-wide building workers’ strike.
However, a court may award damages to a tenant equal to a share of the landlord’s net savings because of the strike.
Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.
In extenuating circumstances, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent.
Tenants should keep receipts for such repairs and copies of all communications with the landlord about the repairs.
If an apartment becomes uninhabitable due to fire or other damage not caused by the tenant, and the lease does not expressly provide otherwise, the tenant may vacate the apartment and cancel the lease. The tenant will not be liable for subsequent rental payments.
The landlord shall be responsible to refund any rent paid in advance as well as any rent security held by the landlord. Rent stabilized and rent controlled tenants may apply to DHCR to have an order issued reducing their rent obligation to $1 to maintain a possessory interest in the apartment until it become habitable again.
If only a portion of the apartment is damaged, the rent maybe reduced pursuant to a court order or by DHCR in proportion to the part of the apartment that is damaged. The landlord must then repair those portions of the apartment and return them to livable condition.
Landlords of multiple dwellings must keep the apartments and the building’s public areas in “good repair” and clean and free of vermin, garbage, or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, and ventilating systems, and appliances that the landlord installed (such as refrigerators and stoves) in good and safe working order.
All repairs must be made within a reasonable time that may vary depending upon the severity of the repairs. In New York City, the landlord is required to maintain the public areas in a clean and sanitary condition.
Landlords are required to take minimal precautions to protect against reasonably foreseeable criminal harm. For example, tenants who are victims of crimes in their building or apartment, and who are able to prove that the criminal was an intruder and took advantage of the fact that the entrance to the building was negligently maintained by the landlord, may be able to recover damages from the landlord.
Heat must be supplied from October 1 through May 31 to tenants in multiple dwellings. If the outdoor temperature falls below 55°F between the hours of six a.m. and ten p.m., each apartment must be heated to a temperature of at least 68°F. If the outdoor temperature falls below 40°F between the hours of ten p.m. and six a.m., each apartment must be heated to a temperature of at least 55°F. Local regulations may require higher temperatures during these times.
Before signing a lease requiring payment of individual heating and cooling bills, prospective tenants are entitled to receive a complete set or summary of the past two years’ bills from the landlord. These copies must be provided free upon written request.
Landlords must provide all tenants of multiple dwellings with both hot and cold water. Localities can designate temperatures. In NYC, hot water must register at or above a constant temperature of 120 degrees at the tap. If a tub or shower is equipped with an anti-scald valve that prevents the hot water temperature from exceeding 120 degrees, the minimum hot water temperature for that tub or shower is 110 degrees.
