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.
Contents
In order to be habitable, such housing usually:
New York law
Some states, such as New York, have given additional statutory protections in addition to those created by caselaw. These statutes include:
- Lobby attendant service by a concierge or landlord
- Elevator mirrors
- Smoke detectors
- Window guards
- Intercoms and self-locking doors
- Protection from lead paint
Consequences
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.