Only tenants have certain rights in unlivable unit

After Sandy struck, residents of 88 Greenwich St. in the Financial District originally were told it would be four months before they could go home.

There is a section of property law that declares tenants’ right to live in conditions not dangerous, hazardous or detrimental to their life, health or safety.

Under the “warranty of habitability,” tenants have the right to a livable, safe and sanitary apartment.

Under the warranty — in other words, guarantee — a unit must provide heat or hot water on a regular basis.  Other issues include, leaks, mold, broken plumbing, elevator service in high-rise building and insect infestation.

It is up to the landlord to remediate conditions that make a rental unit unlivable, no matter the cause.  If a landlord fails to act, the warranty of habitability provides tenants with the opportunity to obtain financial relief in one of three ways. Continue reading

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