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For habitability of planets, see Planetary habitability. For habitability of planet systems, see Habitable zone.
"Living conditions" redirects here. For the philosophical concept, see quality of life. For the Buffy the Vampire Slayer episode, see Living Conditions.

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.[1]

In order to be habitable, such housing usually:

New York law[edit]

Some states, such as New York, have given additional statutory protections in addition to those created by caselaw.[12] These statutes include:

  1. Lobby attendant service by a concierge or landlord [13]
  2. Elevator mirrors [14]
  3. Smoke detectors[15]
  4. Window guards[16]
  5. Intercoms and self-locking doors[17]
  6. Protection from lead paint [18]


Violation of the warranty of habitability results in constructive eviction, whereby the landlord or lessor has, in effect, evicted the tenant or lessee.[19] The tenant may remedy the problem,[20][21] or complain to local government authorities for remedies.[22]

See also[edit]


  1. ^ Nolo
  2. ^ In New York, see N.Y. Multiple Dwelling Law § 79.
  3. ^ Mold in condominium: Negligent maintenance: Breach of warranty of habitability: Settlement: Verdict | Law Reporter | Find Articles at BNET.com
  4. ^ [1]
  5. ^ Pennsylvania
  6. ^ generally, United States
  7. ^ California
  8. ^ District of Columbia
  9. ^ Vermont (form).
  10. ^ Texas
  11. ^ Massachusetts
  12. ^ See N.Y. Attorney General's Website, q.v., and in External sources.
  13. ^ N.Y. Multiple Dwelling Law §50-c
  14. ^ N.Y. Multiple Dwelling Law §51-b; NYC Admin. Code §27-2042
  15. ^ N.Y. Multiple Residence Law §15; Buffalo Code Ch. 395; NYC Admin. Code §27-2045, §27-2046
  16. ^ NYC Health Code §131.15
  17. ^ N.Y. Multiple Dwelling Law §50-a
  18. ^ NYC Health Code §173.14;
  19. ^ Nolo Law
  20. ^ See N.Y. Real Property Law §235-b.
  21. ^ Warranty of Habitability (rev 7/96)
  22. ^ N.Y. Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. (Note: The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages; from N.Y. Attorney General's Website.
  23. ^ (Note to editors: merge with this article?)

External links[edit]