Real Property Law Section 235-b provides that in every written or oral lease or rental agreement for residential premises that the landlord shall be deemed to covenant and warrant that the premises leased or rented and all areas used in connected therewith are fit for human habitation and for the uses reasonably intended by the parties. Section 235-b(1) additionally provides that the occupants of such premises shall not be subjected to any conditions which would be dangerous hazardous or detrimental to their life, health and safety. 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. RPL 235-b(2); see also, Houston Realty Corp., v. Castro, 94 Misc 2d 115 (Civ. Ct. New York Co. 1978); Semans Family Limited Partnership v. Kennedy, 177 Misc 2d 345 (Civ. Ct. New York Co.1998).
The problem with respondent's argument in the case at bar, however, is that it does not appear germane to the great majority of conditions corrected by the tenant. All of the cleaning, scrubbing, re-grouting, re-attaching and rubbish clean-up, while certainly desirable, do not appear of such significance to invoke R.P.A.P.L 235-b. Furthermore, as previously noted, WeBuild's bill was not, at the time of trial, paid.
As for the replaced gutters and the repaired heater, however, it is clear from the evidence adduced at trial that the former was necessary to keep rain water from further entering the house and the latter was necessary to provide the respondent with warmth and, thus well within the ambit of R.P.A.P.L 235-b. Respondent's second counterclaim is granted to the extent of $86.94 for the repair to the heating system and $575.00 for the replacement of the gutters.