EncyclopediaABC   DEFG   HIJK   LMNO   PQRS   TUVW   XYZOther
 
Home / Encyclopedia / H

Habitability

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: must provide shelter, with working locks
must be heated in the winter months (typically between October 1 and March 31 in the Northeastern United States)
must not be infested with vermin, such as mice, roaches, termites, mold, etc.
the landlord stops other tenants from making too much noise (as measured by the decibel scale), second-hand smoke, or from selling narcotics
must provide potable water
each Jurisdiction may have various rules.

New York law

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 lessor has, in effect, evicted the tenant or lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.

Source: Wikipedia

Translation of "Habitability"

Portuguese: Habitabilidade.


show options »   

Search inside:










  More articles in: