In the days following Hurricane Sandy, many New Yorkers returned to their homes and businesses to discover severe damage or to find that they had lost power, heat, hot water or elevator service. At the same time, many owners and landlords, some with mortgages to pay, are expecting November rent. As landlords and tenants grapple with these issues, many are asking what their rights and obligations are under New York law. While much of the relevant law in this area stems from litigation between landlords and tenants, it is hoped that these precedents will not serve to arm parties in conflict but to provide a path to conciliation.
Warranty of Habitability
Residential tenants in New York are protected by the warranty of habitability, set forth in the New York Real Property Law (RPL) §235-b, which is implied in every residential lease to ensure that the premises are habitable and fit for the uses reasonably intended by the parties and that there are no conditions in the premises, or the common areas, that are detrimental to the occupants’ life, health or safety. In explaining the rationale for RPL §235-b and its departure from the common-law rule (and its often draconian consequences) that a landlord’s failure to repair does not suspend the tenant’s obligation to pay the entire rent, the Court of Appeals has compared the rental of residential property to a sale of shelter and services where implied sales warranties should apply. Park West Mgt. v. Mitchell, 47 N.Y.2d 316, 324, 418 N.Y.S.2d 310 (1979). The warranty of habitability applies to all residential housing units rented in New York, including cooperatives,1 but it does not extend to condominium owners.2
