Real Property Law § 235-b implies a residential warranty of habitability, in that tenants shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. Landlords have a legal obligation to provide tenants with a safe and habitable living space, ensuring the property is structurally sound, has functioning plumbing and electricity, and is free from health hazards like mold or vermin. This obligation is a fundamental part of New York State landlord-tenant law and applies even if it is not explicitly written in a lease.
Petitioners testified to living with rodent and roach infestation, soft spots and holes in the kitchen floor, and electrical issues, which existed prior to respondents' purchase of the property. On several occasions, petitioners requested that the landlord and/or his agent, Mr. James Harris, make repairs. Mr. Harris testified he had made repairs to the kitchen floor where it was "caving in" in early June 2025. He testified that he noticed there were roaches in petitioners' apartment when he was replacing the floor, and that he had seen dead mice in petitioners' kitchen and bathroom, and smelled one in petitioners' stove. Mr. Harris testified there were times when he was told to hold off on repairs as respondents were short on funds, and that it was only earlier this year when respondents started authorizing repairs.