Breach of the Warranty of Habitability as a Claim in New York

In New York, residential tenants have a right to live in safe and livable conditions. This right is protected by what is known as the “warranty of habitability.” This legal rule applies to all residential leases, whether written or oral, and cannot be waived or ignored by landlords or tenants. If a landlord fails to maintain a livable space, a tenant may bring a claim for breach of the warranty of habitability. To succeed, a tenant must prove four main elements.

There Were Conditions That Made the Premises Uninhabitable

The first step in proving a breach is showing that there were actual conditions in the home or apartment that made it unfit to live in. “Uninhabitable” doesn’t mean the place has to be completely destroyed, but it must have serious issues that affect health, safety, or the basic ability to use the space. Examples include a lack of heat or water, pest infestations, mold, dangerous structural problems, or other violations of housing codes.

Minor inconveniences, such as peeling paint or a squeaky floor, are typically not enough. The problem must be significant enough that a reasonable person would find the living situation unsuitable.

The Landlord Knew About the Conditions

Next, the tenant must prove that the landlord was aware of the issue. This could be through written notice, verbal complaints, or if the condition was obvious enough that the landlord should have known about it. For instance, if the heat stopped working in the winter and the landlord visited the property but did nothing, knowledge may be presumed.

The Landlord Had a Reasonable Opportunity to Fix the Problem but Did Not

Tenants are also required to give the landlord a fair chance to address the issue before taking legal action. What is “reasonable” depends on the situation. A broken heater in winter might require immediate attention, while a leaky faucet might allow for a few days. If the landlord ignores the issue or fails to make proper repairs, this requirement is met.

The Conditions Interfered with the Tenant’s Use of the Property

Finally, the tenant must show that the problem had a clear and negative impact on how they used their home. This could include being forced to vacate part of the property, paying for repairs themselves, or suffering health consequences. The tenant does not have to move out, but there must be proof that their quality of life was significantly affected.

Conclusion

The warranty of habitability protects tenants from being forced to live in unsafe or unhealthy conditions. In New York, this warranty is built into every residential lease, giving tenants the right to take legal action when landlords neglect their responsibilities. To bring a successful claim, tenants must show serious living conditions existed, the landlord knew and failed to act, and the issue interfered with their ability to use the home. When proven, tenants may be entitled to a rent reduction, reimbursement for out-of-pocket expenses, or other appropriate relief.

Find the Law

“To establish the breach of the warranty of habitability, respondents must show that there were conditions at the premises which rendered them uninhabitable, that respondents notified petitioner of the conditions or that petitioner otherwise knew of them, that respondents provided petitioner with a reasonable opportunity to cure the conditions but did not cure and that the conditions had a quantifiable negative impact on respondents use of the premises.” 720 Riverside Owners Corp. v. Bowen, 2022 N.Y. Slip Op. 34702, 10 (N.Y. Civ. Ct. 2022)