§ 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.