To: New York State Legislation https://www.nysenate.gov/senators-committees (find your Senator)
New York State Tenant Protection Act 2025 - Warranty of Habitability
SECTION 235-B Warranty of habitability Real Property (RPP) CHAPTER 50, ARTICLE 7
Tenant Protection Act 2025
Tenant Protection Act 2025
PART ONE: Verifiable habitability
Proposed Reform
Rental must meet state required Verifiable habitability standards prior to landlord/Tenant signing lease. Landlord must furnish “Habitability Check list” Once rental is verified both landlord and tenant may sign agreed upon lease.
Rental must meet state required Verifiable habitability standards prior to landlord/Tenant signing lease. Landlord must furnish “Habitability Check list” Once rental is verified both landlord and tenant may sign agreed upon lease.
In New York State, it's crucial for both the landlord and tenant to sign the lease for it to be legally enforceable. This ensures that both parties are aware of and agree to the terms outlined in the lease agreement. While a lease can be verbal, it's generally recommended to have it in writing, especially for leases longer than one year, to avoid misunderstandings and disputes.
Verifiable habitability refers to the ability to confirm whether a property meets the standards for a livable and safe environment. This verification process often involves inspections, assessments, and adherence to local housing codes and regulations.
Elaboration:
Defining Habitability: Habitable property is one that is safe, sanitary, and functional, posing no health or safety hazards to occupants. It's a standard that ensures a residence is suitable for human occupancy, providing essential functions like heating, plumbing, and structural integrity.
Defining Habitability: Habitable property is one that is safe, sanitary, and functional, posing no health or safety hazards to occupants. It's a standard that ensures a residence is suitable for human occupancy, providing essential functions like heating, plumbing, and structural integrity.
Verification Methods: Verifying habitability can involve various methods, including On-site inspections: Professional inspections to assess the structural integrity, utilities, and overall condition of the property.
Warranty of Habitability check list may include:
* Plumbing, Electricity, and Heat/heat sources are working properly.
* Floors, stairs (inside/outside) porches and windows to be structurally sound.
* Carpets clean and walls painted.
*Residence free of bugs and vermin.
* Plumbing, Electricity, and Heat/heat sources are working properly.
* Floors, stairs (inside/outside) porches and windows to be structurally sound.
* Carpets clean and walls painted.
*Residence free of bugs and vermin.
PART TWO: Implied Warranty of Habitability
Proposed Reform If tenant has “just cause” within the warranty parameters, tenant is to put said issues into a written correspondence (via text, email, or through postal service) to the landlord. Once correspondence is received, Landlord shall have 48 hours to address issue(s). At which time, if landlord fails to do so, tenant is to contact local Code Enforcement (or appointed legal authority). Once Code Enforcement verifies and documents complainant (tenant) concerns, Code Enforcement is to mandate landlord to rectify issue(s) within a 10 (ten) days period or face fines for everyday not addressed
Implied Warranty of Habitability Implied Warranty of Habitability is a legal concept that ensures residential tenants have a right to a safe, livable, and sanitary dwelling. It's an unwritten promise by landlords to maintain the premises in a condition suitable for living. This warranty applies to both the individual rental unit and the common areas of the building.
Key aspects of the implied warranty of habitability:
Not a written clause: The warranty exists even if not explicitly mentioned in the lease agreement.
Landlord's responsibilities: Landlords must maintain the premises in a habitable condition, free from serious defects and hazards. This includes ensuring structural integrity, providing essential utilities like heat and water, and addressing issues like pest infestations or mold.
Why is this important?
In New York State, approximately 2.9 million households are renters, representing 38.9% of all households. This includes households spending at least 30% of their income on rent and utilities, as considered cost-burdened. New York has a high percentage of renters compared to other states, with roughly 40% of households renting in 2023, according to Statista. In New York City specifically, it's a city of renters, with around 69% of households renting, according to NYC.gov.
New York State renters frequently encounter issues with landlords concerning maintenance and repairs, security deposits, and lease violations. In my case, my wife and I are both physically disabled, live on a fixed income, and over the age of 55 years. We were unlawfully evicted from our home of 10 years, lost everything, and were technically homeless for four months by our landlord who refused to fix on-going issues.
Renting a apartment/house etc. is a "Two Party" agreement and both tenant and landlords should be protected. Tenants to have a safe, stable, affordable residence that is Habitably Verified (Verifying habitability can involve various methods, including On-site inspections: Professional inspections to assess the structural integrity, utilities, and overall condition of the property.) and landlords to receive monthly.
The problem that we renters are facing is that landlords are not being held accountable by law for Breach of Contact. Tenants are made to live in horrible, unsafe conditions, yet still have to pay monthly rent or face eviction.