Code: Habitability (building term)
Description: Habitability means that a home (apartment, house, or rental unit) is safe, clean, and fit for people to live in. A place is habitable when it has working heat, hot water, proper plumbing, no dangerous conditions such as mold or pests, and meets the basic standards set by law. In New York State, every landlord must keep a rental unit habitable at all times. This legal requirement is called the Warranty of Habitability (New York Real Property Law §235-b).
Practical Meaning: If your apartment or home does not meet habitability standards — for example, there is no heat in winter, the pipes are broken, there is mold on the walls, or rats and cockroaches are present — your landlord is violating the law. As a tenant, you can call 311 to report the problem. NYC's HPD (Department of Housing Preservation and Development) may inspect the building and issue a violation against the landlord. As a property owner, you must make sure your building meets these standards at all times — especially in buildings with 3 or more units.
Where You May See It: In HPD violation notices — especially Class B (Hazardous) and Class C (Immediately Hazardous) violations related to heat, hot water, mold, pests, or broken locks. In Housing Court proceedings, when a tenant sues a landlord for breach of the Warranty of Habitability. In building inspection reports. In DOB violation records when unsafe building conditions affect residents' living conditions.
Why It Matters: For tenants: If your landlord does not maintain habitability, you have the right to take action. You can contact 311, file a complaint with HPD, or go to Housing Court. In some cases, a judge may lower your rent (called a rent abatement) until the problems are fixed. For property owners: Failing to maintain habitability can result in HPD violations, large fines, court appearances, and even a court order to make repairs at your expense. Open habitability violations can also block you from certifying violations, registering your property, or collecting rent in court. Keeping your building in good condition protects both your tenants and your investment.
Source: NY Real Property Law §235-b – Warranty of Habitability