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 May 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.

Read more about Habitability:  New York Law, Consequences