The implied warranty of habitability cannot similarly be waived or modified by contract (see Real Property Law § 235-b [2]), and, thus, a tenant may be entitled to be reimbursed by the landlord for repairs the tenant makes to the premises, where the premises' condition leaves it dangerous, hazardous or detrimental to his life, health or safety in violation of the statutory warranty of habitability, notwithstanding a provision in the lease purporting to shift the responsibility of repairs to the tenant (see id.; Spatz v Axelrod Mgt. Co., 165 Misc 2d 759 [Yonkers City Ct, 1995]). Here, in view of defendant 1802's failure to properly repair the water damage and mold in plaintiff's apartment resulting from the leak, defendant 1802 breached the warranty of habitability. Consequently, plaintiff is entitled to recover from defendant 1802 the expenses he incurred in repairing the conditions (see Missionary Sisters of the Sacred Heart v Meer, 131 AD2d 393 [1987]; Spatz v Axelrod Mgt. Co., 165 Misc 2d 759).