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Habitability is the conformance of a residence or abode to the implied warranty of habitability.[circular definition] A residence that complies is said to be habitable. It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract. There was no implied warranty of habitability for tenants at common law and the legal doctrine has since developed in many jurisdictions through housing laws and regulations. Habitability is synonymous with tenantability.
In order to be habitable, such housing usually:
- must provide shelter, with working locks
- must be heated in the winter months (typically between October 1 and May 31 in the Northeastern United States)
- must not be infested with vermin, roaches, termites, or mold
- requires the landlord to stop other tenants from making too much noise (as measured by the decibel scale), second-hand smoke, or from selling narcotics
- must provide potable water
- each jurisdiction may have various rules.
New York lawEdit
Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.
- "Landlord-Tenant Law". Wex. Cornell Law School. Retrieved 16 December 2017.
- "Duties of the Landlord". LawShelf. National Paralegal College. Retrieved 16 December 2017.
- "Is tenantability broader than habitability?"
- In New York, see N.Y. Multiple Dwelling Law § 79.
- Mold in condominium: Negligent maintenance: Breach of warranty of habitability: Settlement: Verdict | Law Reporter | Find Articles at BNET.com
- "Archived copy". Archived from the original on 2007-09-28. Retrieved 2007-05-02.CS1 maint: archived copy as title (link)
- generally, United States
- District of Columbia
- Vermont (form).
- TITLE 10.COMMUNITY DEVELOPMENT Part 7. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION Chapter 304. WARRANTIES AND BUILDING AND PERFORMANCE STANDARDS Texas Residential Construction Commission
- See N.Y. Attorney General's Website Archived 2007-03-12 at the Wayback Machine, q.v., and in External sources.
- N.Y. Multiple Dwelling Law §50-c
- N.Y. Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042
- N.Y. Multiple Residence Law §15; Buffalo Code Ch. 395; NYC Admin. Code §27-2045, §27-2046
- NYC Health Code §131.15
- N.Y. Multiple Dwelling Law §50-a
- NYC Health Code §173.14;
- Josephson, Richard C. (1971). "The Implied Warranty of Habitability in Landlord-Tenant Relations". William & Mary Law Review. 12 (3): 580. Retrieved 16 December 2017.
- See N.Y. Real Property Law §235-b.
- Warranty of Habitability (rev 7/96)
- N.Y. Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. (Note: The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages; from N.Y. Attorney General's Website Archived 2007-03-12 at the Wayback Machine.
- (Note to editors: merge with this article?)