Warranty of Habitability

What it means

The warranty of habitability is a rule built into every residential lease in New York, whether the lease mentions it or not. It means the landlord must keep the apartment in a condition that is safe, clean, and fit to live in. If the apartment has no heat, no hot water, serious leaks, mold from a building problem, pest infestations, or broken plumbing, the landlord is violating this warranty. The tenant can report it to code enforcement, withhold rent (with documentation), or take the landlord to court for a rent reduction.

When you might hear this

You hear this when a landlord is not fixing serious problems in the apartment — no heat, leaking pipes, mold, pests. The warranty of habitability is the legal promise that every rental must be safe and livable.

What to ask