In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety.
New York Property Law 235-B
I think the “fit for uses reasonably intended” is probably the more relevant clause here. A dipshit landlord could try to argue that hot water is a luxury or something, but have a much harder time arguing that it’s unreasonable to expect hot water to work as initially sold and provided. Depends on how “fit for human habitation” is legally defined.
Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps. Besides, cold showers can come with health risks: https://bestlifeonline.com/cold-shower-risks/
Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps
I’m not sure that particular argument works that well. You won’t go into hypothermia because you don’t have hot running water. It would be better argument for fixing the heat.
It’s certainly something that’s reasonable to assume to be working though, so I think “fit for uses reasonably intended” is the sounder argument here.
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Nice that they have it so clearly. No need for interpretation
Water gets real fucking cold during the winter, it costs me way more to heat water during the winter than summer, usually 4 times more.
Fair point, I think a good lawyer could argue the “cold water can make my client sick” argument though, or even a judge could come to that conclusion in a small claims court.
The hero we need
lessor
a person who leases or lets a property to another; a landlord.
Huh
very apt
Yup, definitely an apartment.
I don’t get what’s funny about this
comedycemetery
Landlord doesn’t want to fix the hot water. Tenant sarcastically says it’s too bad they’re going to break the law because they’re so sexy (veiled threat behind a compliment I guess?).
Stupid sexy Brucie
I think someone already commented it but it says “there is no record of this comment” so im pasting it as well
§ 235-b. Warranty of habitability.
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In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.
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Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy.
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In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court;
(a) need not require any expert testimony; and
(b) shall, to the extent the warranty is breached or cannot be cured by reason of a strike or other labor dispute which is not caused primarily by the individual landlord or lessor and such damages are attributable to such strike, exclude recovery to such extent, except to the extent of the net savings, if any, to the landlord or lessor by reason of such strike or labor dispute allocable to the tenant’s premises, provided, however, that the landlord or lesser has made a good faith attempt, where practicable, to cure the breach.
© where the premises is subject to regulation pursuant to the local emergency housing rent control law, the emergency tenant protection act of nineteen seventy-four, the rent stabilization law of nineteen hundred sixty-nine or the city rent and rehabilitation law, reduce the amount awarded hereunder by the total amount of any rent reduction ordered by the state division of housing and community renewal pursuant to such laws or act, awarded to the tenant, from the effective date of such rent reduction order, that relates to one or more matters for which relief is awarded hereunder.
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