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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Newkirk v. Scala, 90 A.D.3d 1257 (2011)

Citation
Newkirk v. Scala, 90 A.D.3d 1257 (2011)
Parent Document
Newkirk v. Scala, 90 A.D.3d 1257 (2011)
Jurisdiction
New York (state)
Effective Date
2011-12-15

Full Text

1,253 chars
Every residential lease contains an implied warranty of habitability covenanting: “(1) that the premises are ‘fit for human habitation,’ (2) that the premises are fit for ‘the uses reasonably intended by the parties,’ and (3) that the occupants will not be subjected to conditions that are ‘dangerous, hazardous or detrimental to their life, health or safety’ ” (Solow v Wellner, 86 NY2d 582, 587-588 [1995], quoting Real Property Law § 235-b). The warranty is implicated if the premises are unfit for human *1258occupancy and contain “conditions that materially affect the health and safety of tenants or deficiencies that ‘in the eyes of a reasonable person . . . deprive the tenant of those essential functions which a residence is expected to provide’ ” (Solow v Wellner, 86 NY2d at 588, quoting Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 328 [1979], cert denied 444 US 992 [1979]). Inadequate plumbing and overpowering odors not only prevent a tenant from making reasonable use of a residence but, indeed, materially affect his or her health and safety (see Park W. Mgt. Corp. v Mitchell, 47 NY2d at 328; Tonetti v Penati, 48 AD2d 25, 27 [1975]; Mayourian v Tanaka, 188 Misc 2d 278, 279 [2001]; Kekllas v Saddy, 88 Misc 2d 1042, 1044-1045 [1976]).