Petitioner's position is that he is not responsible for these expenses because the respondent saw the premises as it existed prior to the lease, agreed to take it in that condition and [*5]then acknowledged same by signing the lease which contained a provision that stated, " Tenant acknowledges receipt of house in a renovate [sic] clean and presentable fashion . . ." Further, the petitioner posits that he is not responsible for any subsequently needed repairs because of another lease provision that states, "Tenant shall . . . make all necessary repairs in every way, other than structural repairs."
Respondent's reply to petitioner's argument is that Real Property Law Section 235-b provides that a landlord will not be relieved of his responsibility to make repairs to residential rental property and to provide habitable space that is fit for human occupancy, citing to R.P.A.P.L 235-b; Koch v. McQueen, 192 Misc 2d 342 (App. Term 2nd Dept. 2002).