Habitability
Habitability is the conformance of a residence or 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. There was no implied warranty of habitability for tenants at common law and the legal doctrine has since developed in many jurisdictions through housing laws and regulations.
Habitability is synonymous with tenantability.
In order to be habitable, such housing usually:
Some states, such as New York, have given additional statutory protections in addition to those created by caselaw. These statutes include:
- Lobby attendant service by a concierge or landlord
- Elevator mirrors
- Smoke detectors
- Window guards
- Intercoms and self-locking doors
- Protection from lead paint
Consequences
Violation of the warranty of habitability results in constructive eviction, whereby the landlord or has, in effect, evicted the tenant or lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.
