Cal. Civ. Code § 235-B
Warranty of habitability
Operative Text
§ 235-b. Warranty of habitability. 1. In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties. 2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy. 3. In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court; (a) need not require any expert testimony; and (b) shall, to the extent the warranty is breached or cannot be cured by reason of a strike or other labor dispute which is not caused primarily by the individual landlord or lessor and such damages are attributable to such strike, exclude recovery to such extent, except to the extent of the net savings, if any, to the landlord or lessor by reason of such strike or labor dispute allocable to the tenant's premises, provided, however, that the landlord or lesser has made a good faith attempt, where practicable, to cure the breach. (c) where the premises is subject to regulation pursuant to the local emergency housing rent control law, the emergency tenant protection act of nineteen seventy-four, the rent stabilization law of nineteen hundred sixty-nine or the city rent and rehabilitation law, reduce the amount awarded hereunder by the total amount of any rent reduction ordered by the state division of housing and community renewal pursuant to such laws or act, awarded to the tenant, from the effective date of such rent reduction order, that relates to one or more matters for which relief is awarded hereunder.
N.Y. Real Prop. Law § 235-B establishes that every residential lease or rental agreement — written or oral — carries an automatic legal promise that the dwelling and shared common areas are fit for human habitation, safe from dangerous or hazardous conditions, and suitable for the purposes both parties reasonably intended. This warranty cannot be signed away or waived by a tenant; any lease clause attempting to do so is void. If a landlord breaches the warranty, a court may award damages without requiring expert testimony, though recoveries can be adjusted in cases involving labor disputes or where a rent-regulatory agency has already ordered a rent reduction covering the same conditions.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 235-B, compliant residential operators generally maintain dwelling units and common areas in a condition that is safe, habitable, and fit for reasonably intended use throughout the entire tenancy — not just at move-in. Because the warranty applies automatically to every lease, operators cannot include clauses that purport to limit or waive it, as courts will treat such clauses as void. When a habitability issue arises from a labor dispute outside the landlord's control, documenting good-faith efforts to cure the condition is relevant to how damages may be calculated under the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 235-B gives residential tenants an automatic right to a safe, habitable dwelling and usable common areas for the full duration of any lease, and this right cannot be taken away by any lease provision. If conditions in the unit or common areas are dangerous, hazardous, or unfit for habitation, a tenant may raise a breach of the warranty as a defense in a housing court proceeding or as the basis for a damages claim, and courts are not required to demand expert testimony to evaluate such claims. Tenants in rent-regulated housing should be aware that any rent reduction already ordered by the state Division of Housing and Community Renewal for the same conditions may affect the damages a court awards; tenant-rights organizations and legal aid offices can help explain how § 235-B intersects with applicable rent laws.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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