Habitability
Encyclopedia
Habitability is the conformance of a residence
or abode
to the implied warranty
of habitability. A residence that complies is said to be "habitable". It is an implied warranty
or contract, meaning it does not have to be an express contract, covenant, or provision
of a contract
. It is a common law
right of a tenant or Legal doctrine
.
In order to be habitable, such housing usually:
, have given additional statutory protections in addition to those created by caselaw. These statutes include:
, whereby the landlord
or lessor
has, in effect, evicted the tenant
or lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.
House
A house is a building or structure that has the ability to be occupied for dwelling by human beings or other creatures. The term house includes many kinds of different dwellings ranging from rudimentary huts of nomadic tribes to free standing individual structures...
or abode
Abode
Abode may refer to:*House, a human-built dwelling with enclosing walls, a floor, and a roof**Right of abode*World of Two Moons aka Abode, a fictional Earth-type planet featured in the comic book Elfquest...
to the implied warranty
Warranty
In business and legal transactions, a warranty is an assurance by one party to the other party that specific facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed.In real estate transactions, a...
of habitability. A residence that complies is said to be "habitable". It is an implied warranty
Implied warranty
In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties irrespective of whether the seller has...
or contract, meaning it does not have to be an express contract, covenant, or provision
Provision
Provision may refer to:* Provision , an industrial dance / synthpop band from Houston, Texas, USA* Provision , a term for liability in accounting* Provision , a term for a procurement condition...
of a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
. It is a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
right of a tenant or Legal doctrine
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
.
In order to be habitable, such housing usually:
- must provide shelter, with working locks
- must be heated in the winter months (typically between October 1 and May 31 in the Northeastern United StatesNortheastern United StatesThe Northeastern United States is a region of the United States as defined by the United States Census Bureau.-Composition:The region comprises nine states: the New England states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont; and the Mid-Atlantic states of New...
) - must not be infested with verminVerminVermin is a term applied to various animal species regarded by some as pests or nuisances and especially to those associated with the carrying of disease. Since the term is defined in relation to human activities, which species are included will vary from area to area and even person to person...
, such as mice, roaches, termites, moldMoldMolds are fungi that grow in the form of multicellular filaments called hyphae. Molds are not considered to be microbes but microscopic fungi that grow as single cells called yeasts...
, etc. - the landlord stops other tenants from making too much noise (as measured by the decibelDecibelThe decibel is a logarithmic unit that indicates the ratio of a physical quantity relative to a specified or implied reference level. A ratio in decibels is ten times the logarithm to base 10 of the ratio of two power quantities...
scale), second-hand smoke, or from selling narcotics - must provide potable water
- each JurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
may have various rules.
New York law
Some states, such as New YorkNew York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, have given additional statutory protections in addition to those created by caselaw. These statutes include:
- Lobby attendant service by a conciergeConciergeA concierge is an employee who either works in shifts within, or lives on the premises of an apartment building or a hotel and serves guests with duties similar to those of a butler. The position can also be maintained by a security officer over the 'graveyard' shift. A similar position, known as...
or landlord - Elevator mirrors
- Smoke detectors
- Window guards
- Intercoms and self-locking doors
- Protection from lead paintLead paintLead paint or lead-based paint is paint containing lead, a heavy metal, that is used as pigment, with lead chromate and lead carbonate being the most common. Lead is also added to paint to speed drying, increase durability, retain a fresh appearance, and resist moisture that causes corrosion...
Consequences
Violation of the warranty of habitability results in constructive evictionConstructive eviction
Constructive eviction is a term used in the law of real property to describe a circumstance in which a landlord either does something or fails to do something that he has a legal duty to provide , rendering the property uninhabitable...
, whereby the landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
or lessor
Lessor
Lessor is the name of two places in the United States:*Lessor, Wisconsin*Lessor Township, Minnesota...
has, in effect, evicted the tenant
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....
or lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.
See also
- Real propertyReal propertyIn English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
- Real estateReal estateIn general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
- Implied warranty of habitability