Under New York law, every written or oral lease for residential property is deemed to contain a warranty of habitability.

• A. True
• B. False
• C. Only for long-term leases
• D. Only for leases in New York City

Answer: (A)

Under New York law, there is an implied warranty of habitability in residential leases, created by the courts and applied to both written and oral leases. This means landlords are expected to keep the dwelling fit for human habitation and to address essential conditions that affect safety, sanitation, and daily living. The obligation applies statewide, not just in New York City or for long-term leases, and it cannot be completely waived by a lease term.

In practice, this covers problems like inadequate heat or hot water, plumbing or electrical failures, structural issues, and other conditions that render a dwelling unsafe or uninhabitable. When a landlord breaches the warranty, a tenant has remedies such as rent relief (abatement), repairing the problem and deducting the cost from rent, or pursuing damages and, in severe cases, terminating the lease via constructive eviction. The tenant generally must provide timely notice of the problem and allow the landlord a reasonable opportunity to fix it.