What is the NYC Warranty of Habitability?

Regardless of whether or not it is stated on the lease, your landlord is lawfully obligated to provide you with livable, safe, and clean housing, which is known as the warranty of habitability.

However, it can often be unclear what is covered by the warranty of habitability. In order to help ensure your landlord is not violating your rights as a tenant, it is important to understand what should be expected from your landlord.

What Violates The Warranty Of Habitability In New York City?

There are three types of housing violations, each based on their level of hazardous conditions. These violations were created by the Department of Housing Preservation and Development.

Class A Violations

These violations are non-hazardous. Landlords are legally obligated to repair this violation within 90 days from the mailing of the notice of violation. Some examples of a Class A violation are not having a peephole on the entrance door or the lack of a street number on the front of the building.

Class B Violations

These violations are hazardous. Landlords are legally obligated to repair this violation within 30 days from the mailing of the notice of violation. Some examples of a Class B violation are not having proper lighting in public areas such as staircases, lack of smoke detectors in units, or obstructions such as bars or gates blocking fire escapes.

Class C Violations

These violations are extremely hazardous. Landlords are legally obligated to repair this violation within 24 hours from the mailing of the notice of violation. In extreme cases, the court may even grant a reduction of rent. Some examples of Class C violations are not having heat or water, an infestation of pests, or broken plumbing fixtures.

How Can You Report A Breach Of Warranty Of Habitability?

If you’re looking to report a breach of warranty of habitability, you may do one of the following:

1. Call 311 To Report The Breach In The Warranty Of Habitability

By calling and reporting the breach of habitability, the HPD is able to inspect the breach and issue a notice of violation. If your landlord refuses to make repairs, the HPD has the authority to fine your landlord until they comply.

However, if the violations persist, having the HPD inspect the breach will provide public documentation of the violations. This documentation can be submitted to the courts, which can be useful if you are forced to take your landlord to court.

2. Sue The Landlord For Repairs And Rent Abatement

If you are looking to sue your landlord in order to get repairs done, you can do so without legal representation by filing an HP action. This is a simple process, which starts by visiting your local Housing Court to fill out the necessary forms. 

You may also sue for breach of the warranty of habitability through the Civil Claims Court. Here, you can seek rent abatement from the time the violation arose. However, going through the Civil Claims Court will require legal representation.

3. Make The Repairs On Your Own And Deduct It From Your Rent Payments

This can often be a tricky situation, and it is recommended that repairs are only made by tenants in emergency situations. However, this must be after giving your landlord a written notice of the problem. If you choose to go through this route, you must keep proof of the written notice to your landlord, the receipts for the repairs, and photographs of the problem. This will help in the vent that your landlord tries to dispute the cost of the repair as a deduction from your rent payments.

4. In Extreme Cases, Withhold Rent

Withholding rent should only be done in extreme scenarios, such as a prolonged Class C violation. This is because it is likely that your landlord will sue for non-payment. In order to defend against this, you must be able to prove that your situation is drastic enough to warrant withholding rent payments. In this situation, you will need legal representation in order to ensure you are successful in getting rent abatement as well as the necessary repairs.

What Evidence Is Required When Reporting A Breach Of Warranty Of Habitability?

When dealing with a lawsuit related to a breach of warranty of habitability, it is extremely important that you have sufficient evidence to prove your landlord’s violations. Here is all of the evidence you should be armed with:

A Written Notice To Your Landlord

When the problem first arose, you should send a written notice of this problem to your landlord. In this notice, you should detail the problems and repairs that need to be done. Be sure to review your lease and follow the stated method when sending this notice to your landlord. If this is not specified in your lease, it is recommended that the letter be sent via certified or first class mail with return receipt requested. You may also want to send a copy via email.

Photographs And Videos

You want to be sure that you are constantly taking photographs and videos of the problem as soon as it arises. If it begins to worsen, you also want to ensure that you properly document this as well. These photographs and videos will serve as documentation that can be presented in court.

When taking photographs and videos, be sure to include the front page of a daily newspaper in your recordings. This way, the date is clearly stated, and there can be no dispute regarding the date of the breach of warranty of habitability.

Certified Copies Of Inspections And Notices Of Violation

If you have reported the violations to HPD, be sure to get copies of the inspections and notices of violations. They can serve as additional evidence that the violations have been reported and verified. It will also prove that your landlord has received notices of this violation and refuses to make corrections.

Original Official Receipts

If you are forced to make the repairs on your own, be sure to keep all relevant receipts. This will help prove the costs of the repairs, and show that you have the right to deduct it from your rent payments.

Has Your Landlord Breached The Nyc Warranty Of Habitability?

If your landlord has breached the NYC warranty of habitability, you may be entitled to lower rental costs or refunded payments. However, navigating the legal system can be complex, especially when you’re going up against landlords with attorneys on retainer. For the protection you need and are entitled to, contact Outerbridge Law today to schedule an initial consultation.