Habitability

Habitability is the conformance of a residence or abode to the implied warranty of habitability. 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. It is a common law right of a tenant or Legal doctrine. [ [http://www.nolo.com/definition.cfm/Term/5570D57D-E311-4D16-A2ACE7B9A578B9B1/alpha/I/ Nolo] ]

In order to be habitable, such housing usually must:
* must provide shelter, with working locks
* must be heated in the winter months (typically between October 1st and March 31st in the Northeastern United States) [In New York, see N.Y. Multiple Dwelling Law § 79.]
* must not be infested with vermin, such as mice, roaches, termites, mold, [ [http://findarticles.com/p/articles/mi_qa3898/is_200406/ai_n9435714 Mold in condominium: Negligent maintenance: Breach of warranty of habitability: Settlement: Verdict | Law Reporter | Find Articles at BNET.com ] ] etc.
* the landlord stops other tenants from making too much noise (as measured by the decibel scale), second-hand smoke, [ [http://ganshore.com/news10-06.html] ] or from selling narcotics
* provides potable water
* each Jurisdiction may have various rules. [ [http://www.tenant.net/Other_Areas/Penn/lvls/llt4wh.html Pennsylvania] ] [ [http://www.allbusiness.com/legal/contracts-agreements-real-estate/4094-1.html generally, United States] ] [ [http://www.dca.ca.gov/legal/landlordbook/problems.htm California] ] [ [http://links.jstor.org/sici?sici=0012-7086(197010)2%3A1970%3A5%3C1040%3ALATIWO%3E2.0.CO%3B2-L District of Columbia] ] [ [http://www.dhca.state.vt.us/Housing/Rules/Part%20III%20Habitability.pdf Vermont (form).] ] [ [http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=10&pt=7&ch=304&rl=3 Texas] ] [ [http://foreclosuresmass.com/help/view/glossary/termid/501 Massachusetts] ]

New York law

Some states, such as New York, have given additional statutory protections in addition to those created by caselaw. [See [http://www.oag.state.ny.us/realestate/habitability.html N.Y. Attorney General's Website] , q.v., and in External sources.] These statutes include:
# Lobby attendant service by a concierge or landlord [N.Y. Multiple Dwelling Law §50-c ]
# Elevator mirrors [N.Y. Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042]
# Smoke detectors [N.Y. Multiple Residence Law §15; Buffalo Code Ch. 395; NYC Admin. Code §27-2045, §27-2046]
# Window guards [NYC Health Code §131.15]
# Intercoms and self-locking doors [N.Y. Multiple Dwelling Law §50-a]
# Protection from lead paint [NYC Health Code §173.14; ]

Consequences

Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee. [ [http://www.nolo.com/definition.cfm/term/458FB18C-EC71-46F1-AAC9A2B083302857 Nolo Law] ] The tenant may remedy the problem, [See N.Y. Real Property Law §235-b.] [ [http://www.tenant.net/Other_Areas/Penn/lvls/llt4wh.html Warranty of Habitability (rev 7/96) ] ] or complain to local government authorities for remedies. [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 [http://www.oag.state.ny.us/realestate/habitability.html N.Y. Attorney General's Website] .]

ee also

*Real property
*Real estate
*Implied warranty of habitability [(Note to editors: merge with this article?)]

References

External links

* [http://www.oag.state.ny.us/realestate/habitability.html The Attorney General of the State of New York's page]
* [http://www.tenant.net/Other_Areas/Penn/lvls/llt4wh.html Tenant's rights]
* [http://www.tenant.net/Other_Areas/Penn/lvls/llt4wh.html Pennsylvania law - Lehigh Valley Legal Services]