After three-and-a-half decades, New York’s statutory implied warranty of habitability continues to safeguard residential tenants.1 Under the statute, all residential leases contain a non-waivable warranty that the leased premises will provide the essential functions of a residence, and be fit for human habitation and free of dangerous, hazardous or detrimental conditions.
Courts generally award tenants rent abatements for premises that fail to satisfy the warranty’s requirements. Abatements are available to co-op apartment owners because of the landlord-tenant relationship created by their proprietary leases, except when the alleged breach is the result of needed common area maintenance and repairs.2 The extent of an abatement depends on factors such as the duration and severity of the breach and the effectiveness and timeliness of the landlord’s remediation efforts.3 The warranty does not cover personal injury or damage to property that results from a breach.4 Nor does the warranty apply to condominiums, where the requisite landlord-tenant relationship does not exist.5
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