a key, but it is his belief that Petitioner lost his keys and was causing damages by using a crowbar
to open the door; video evidence of this was provided to the Court. When given the opportunity
to explain how he opens his door, Petitioner stated that he lost his keys three months after he
moved in and has not had a key to that door since then.
Real Property Law § 235-b Habitability and
Housing Code Violations
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. 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.
Although there are some open code violations on the property and issues that continue to
require repair, none of these issues rise to the level of a breach of the implied warranty of
habitability. Implied warranty of habitability does not require that the premises be maintained in
accordance with the expectations of the tenant but sets forth minimum standards that protect
tenants from conditions that render the premises uninhabitable (Matter of Solow v.
Wellner, 86 NY2d 582 [1995]).
The complaints outlined by the Petitioner were sufficiently addressed by the Respondents,
both by their corrective actions and/or by testimony of the ongoing efforts to keep the property
maintained; such maintenance included installing a new roof and awnings on the property.