WARRANTY OF HABITABILITY
Tenants are entitled to a livable, safe and sanitary
apartment. Lease provisions inconsistent with this right are illegal. Failure
to provide heat or hot water on a regular basis, or to rid an apartment of
insect infestation are examples of a violation of this warranty. Public areas
of the building are also covered by the warranty of habitability. The warranty
of habitability also applies to cooperative apartments, but not to
condominiums. Any uninhabitable condition caused by the tenant or persons
under his direction or control does not constitute a breach of the warranty of
habitability. In such a case, it is the responsibility of the tenant to remedy
the condition. (Real Property Law §235-b)
If a landlord breaches the warranty, the tenant may sue for
a rent reduction. The tenant may also withhold rent, but in response, the
landlord may sue the tenant for non-payment of rent. In such a case, the
tenant may counter sue for breach of the warranty.
