After almost 40 years, New York’s statutory implied warranty of habitability continues to impose obligations on landlords and boards of cooperative housing corporations with regard to residential tenants.1 Under the statute, all residential leases impliedly 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.
Should the warranty be breached, the remedy is generally a rent abatement, which is available to co-op apartment owners because of the landlord-tenant relationship created by their proprietary leases—except under certain circumstances where co-op apartment owners temporarily lose use of a portion of an apartment due to building-wide maintenance or repairs.2 The extent of a rent abatement depends on factors such as the duration and severity of the breach and the effectiveness and timeliness of the landlord’s/board’s remediation efforts.3 Claims for personal injury or property damage are not recoverable.4
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