In New York, every residential lease, written or oral, rent-stabilized or market-rate, carries with it a legal obligation that cannot be waived or contracted away: the warranty of habitability. If a landlord fails to maintain a residential apartment in a livable, safe condition, a tenant may have legal claims including rent reduction, a rent abatement, and damages. At the same time, landlords facing warranty of habitability claims in Housing Court can mount meaningful defenses.
The Legal Foundation: Real Property Law § 235-b
New York’s warranty of habitability is codified in Real Property Law § 235-b. The statute provides that in every written or oral lease or rental agreement for residential premises, the landlord is deemed to covenant and warrant that the premises are fit for human habitation and for the uses reasonably intended by the parties, and that occupants shall not be subjected to any conditions that are dangerous, hazardous, or detrimental to their life, health, or safety.
Two critical features of this warranty make it uniquely powerful under New York law:
- It cannot be waived; any lease provision purporting to waive or modify the warranty of habitability is void as contrary to public policy under RPL § 235-b(2)
- It applies to every residential tenancy, regardless of rent regulation status, building age, or the terms of the lease
What Conditions Violate the Warranty of Habitability?
Courts apply a reasonableness standard in evaluating warranty of habitability claims. The question is whether the condition, in context, renders the premises unsafe, unsanitary, or unfit for habitation. Conditions that commonly give rise to warranty of habitability claims in New York include:
- Lack of heat or hot water
- Severe pest infestations, including roaches, rodents, and bedbugs
- Mold and water infiltration
- Structural defects, including ceiling collapses, water damage, or deteriorating walls and floors
- Lead paint hazards, particularly in buildings with young children
- Broken locks, windows, or doors that compromise security
- Non-functioning plumbing or electrical hazards
- Failure to maintain common areas in a safe and sanitary condition
Importantly, the warranty does not apply to conditions caused by the tenant’s own misconduct or by persons under the tenant’s direction or control. A landlord cannot be held liable for conditions the tenant created.
How Tenants Can Assert Warranty of Habitability Claims
As a Defense in a Nonpayment Proceeding
The most common context in which warranty of habitability claims arise is as a defense and counterclaim in a nonpayment proceeding brought by the landlord. When a tenant withholds rent because of conditions in the apartment, and the landlord commences a nonpayment proceeding, the tenant can raise the warranty of habitability as an affirmative defense and seek a rent abatement.
A rent abatement is a reduction in the rent owed to reflect the diminished value of the apartment due to the conditions. Courts have discretion in determining the amount of abatement, which is typically calculated as a percentage reduction of the rent based on the severity and duration of the conditions.
HP Proceedings: Housing Part Actions
Tenants can also initiate an HP proceeding in Housing Court, which is an action to compel the landlord to make repairs. In an HP proceeding, the court can order the landlord to correct specific violations within a set timeframe and can hold the landlord in contempt if they fail to comply.
DHCR Rent Reduction Orders
For rent-stabilized tenants, the New York State Division of Housing and Community Renewal, known as DHCR, can order a rent reduction if required services, heat, hot water, or repairs are not being maintained. A DHCR rent reduction order prevents the landlord from collecting any rent increases until the conditions are remediated.
What Landlords Need to Know
For landlords, the warranty of habitability is a significant exposure. A tenant who raises a warranty of habitability defense in a nonpayment proceeding can potentially reduce or eliminate the rent owed for a period of time, even if the landlord had a valid rent demand and no procedural issues with the case.
The best protection for landlords is proactive property maintenance and prompt response to repair requests. Documentation is critical. Landlords should maintain records of all tenant complaints and all repair work performed, including dates, contractors, and receipts.
Landlords should also be aware that a tenant’s first obligation before raising habitability claims in an HP proceeding is typically to notify the landlord in writing of the condition. A landlord who responds promptly to written repair requests is in a far better legal position than one who ignores them.
The Intersection with Retaliation
One of the most legally significant aspects of New York’s warranty of habitability framework is its connection to anti-retaliation law. Under Real Property Law § 223-b, as strengthened by the Housing Stability and Tenant Protection Act of 2019, a landlord who commences an eviction proceeding after a tenant has raised habitability complaints faces a presumption of retaliation.
The landlord then bears the burden of proving the proceeding was initiated for a legitimate, non-retaliatory reason.
This means that a landlord who receives a habitability complaint and then commences a nonpayment or holdover proceeding must be prepared to demonstrate that the proceeding is based on a legitimate ground, such as genuine nonpayment of rent, and is not a response to the tenant’s complaint.
Whether you are a landlord defending a warranty of habitability claim in Housing Court or a tenant dealing with uninhabitable conditions, Mirzakanov Law can help. We handle landlord-tenant matters throughout NYC and Nassau County. Call (212) 400-9285 for a free consultation — in English, Hebrew, or Russian.