warranty of habitability





NYC Tenants Have The Right To A Safe And Clean Home



You Have The Right to Live in a Safe and Clean Home Under the Warranty of Habitability



If your apartment has any of the below conditions document them and notify your landlord in writing. Make sure to keep copies of all communication to and from your landlord as well as pictures of the problems.


  1. Asbestos which could become air-borne in the tenants’ apartment.
  2. Broken floor tiles which create a hazardous condition.
  3. Substantial accumulations of garbage.
  4. Failure to provide heat and hot water for extended periods.
  5. Severe infestation of insects and vermin.
  6. Lead-based paint, especially where small children reside.
  7. Deprivations of air, light, and/or ventilation.
  8. Excessive noise as from construction, or neighbors.
  9. Offensive fumes and odors. Defective plumbing.
  10. Sewage leaks and spills .
  11. Disruptions in water service.
  12. Lack of window guards






“The obligation to pay rent is dependent upon the landlord’s satisfactory maintenance of the premises in habitable condition” (Park West Management Corp. v. Mitchell, 47 N.Y.2d 316).”


If you are going to claim a breach of warranty of habitability you will need to provide proof of the notices you have sent to your landlord. Keep copies of all communication to your landlord or managing agent requesting repairs.


It is also helpful to take pictures of the conditions that are sub par. A successful breach of warranty of habitability claim could result in a rent reduction for the time period when the premises was not repaired.


Use the Landlord Tenant Fact Sheet offered by NY housing court to help you determine if you have a breach of warranty of habitability or give us a call for a FREE consultation and we can help you determine if you have a claim and how to handle it.