1 800-518-0890 WARRANTY OF HABITABILITY
The Warranty of Habitability is an important section of the New
York Real Property Law. It requires owners of buildings to keep
their premises safe, clean and in good repair. Both the common
areas of buildings and the interiors of apartments must be free
of any condition that is detrimental to a person's health, life
or safety.
Under the Warranty of Habitability, tenants frequently seek rent
abatements by withholding rental payments, in order to get a
service restored or a defective condition corrected. If there is
a need for an emergency repair that the owner refuses to address,
tenants may also contract privately to have the repair done, and
then deduct the cost from the rent.
An owner's liability is limited, however, if the cause of the
service disruption is the result of a labor dispute. If there is
such a strike, and the owner reaps a profit as a result, a court
may order the owner to "pass through" the saving to the tenant in
the form of a one-time rent reduction.
Before a tenant withholds rent, it is advisable to consult an
experienced tenant organizer, legislative office, or attorney in
order to assure that the law is being properly applied.