# N.Y. RPP Law § 235-B: Warranty of habitability > New York · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S235-B ## Section - **Citation:** N.Y. RPP Law § 235-B - **Heading:** Warranty of habitability - **Jurisdiction:** New York - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** New York Code / Act RPP / Article 7 / Section 235-B ## Text § 235-b. Warranty of habitability. 1. In every written or oral lease\nor rental agreement for residential premises the landlord or lessor\nshall be deemed to covenant and warrant that the premises so leased or\nrented and all areas used in connection therewith in common with other\ntenants or residents are fit for human habitation and for the uses\nreasonably intended by the parties and that the occupants of such\npremises shall not be subjected to any conditions which would be\ndangerous, hazardous or detrimental to their life, health or safety.\nWhen any such condition has been caused by the misconduct of the tenant\nor lessee or persons under his direction or control, it shall not\nconstitute a breach of such covenants and warranties.\n 2. Any agreement by a lessee or tenant of a dwelling waiving or\nmodifying his rights as set forth in this section shall be void as\ncontrary to public policy.\n 3. In determining the amount of damages sustained by a tenant as a\nresult of a breach of the warranty set forth in the section, the court;\n (a) need not require any expert testimony; and\n (b) shall, to the extent the warranty is breached or cannot be cured\nby reason of a strike or other labor dispute which is not caused\nprimarily by the individual landlord or lessor and such damages are\nattributable to such strike, exclude recovery to such extent, except to\nthe extent of the net savings, if any, to the landlord or lessor by\nreason of such strike or labor dispute allocable to the tenant's\npremises, provided, however, that the landlord or lesser has made a good\nfaith attempt, where practicable, to cure the breach.\n (c) where the premises is subject to regulation pursuant to the local\nemergency housing rent control law, the emergency tenant protection act\nof nineteen seventy-four, the rent stabilization law of nineteen hundred\nsixty-nine or the city rent and rehabilitation law, reduce the amount\nawarded hereunder by the total amount of any rent reduction ordered by\nthe state division of housing and community renewal pursuant to such\nlaws or act, awarded to the tenant, from the effective date of such rent\nreduction order, that relates to one or more matters for which relief is\nawarded hereunder.\n ## Nearby sections - [N.Y. RPP Law § 220 Action for use and occupation](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S220.md) - [N.Y. RPP Law § 221 Rent due on life leases recoverable](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S221.md) - [N.Y. RPP Law § 222 When rent is apportionable](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S222.md) - [N.Y. RPP Law § 223 Rights where property or lease is transferred](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S223.md) - [N.Y. RPP Law § 223-A Remedies of lessee when possession is not delivered](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S223-A.md) - [N.Y. RPP Law § 223-B Retaliation by landlord against tenant](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S223-B.md) - [N.Y. RPP Law § 224 Attornment by tenant](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S224.md) - [N.Y. RPP Law § 225 Notice of action adverse to possession of tenant](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S225.md) - [N.Y. RPP Law § 226 Effect of renewal on sub-lease](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S226.md) - [N.Y. RPP Law § 226-A Effect of new lease on tenant's right to remove fixtures or improvements](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S226-A.md) - [N.Y. RPP Law § 226-B Right to sublease or assign](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S226-B.md) - [N.Y. RPP Law § 226-C Notice of rent increase or non-renewal of residential tenancy](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S226-C.md) - [N.Y. RPP Law § 227 When tenant may surrender premises](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S227.md) - [N.Y. RPP Law § 227-A Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S227-A.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ARPP_A7_S235-B. Check the current official text before relying on it. Not legal advice.