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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Poyck v. Bryant, 13 Misc. 3d 699 (2006)

Citation
Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Parent Document
Poyck v. Bryant, 13 Misc. 3d 699 (2006)
Jurisdiction
New York (state)
Effective Date
2006-08-24

Full Text

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In the landmark case of Park W. Mgt. Corp. v Mitchell (47 NY2d 316 [1979]), the Court of Appeals defined the history and parameters of Real Property Law § 235-b or the implied warranty of habitability. Real Property Law § 235-b was enacted in August 1975, to provide modern urban dwellers with much needed protections and rights to compel landlords to make necessary repairs and provide essential services. (L 1975, ch 597.) In other words, Real Property Law § 235-b placed “the tenant in parity legally with the landlord.” (1975 Sen J 7766-7776 [Remarks of Senator Barclay].) For more than 30 years, this powerful law continues to impose a warranty of habitability in every landlord-tenant relationship where the landlord impliedly *701warrants as follows: “[F]irst, that the premises are fit for human habitation; second, that the condition of the premises is in accord with the uses reasonably intended by the parties; and, third, that the tenants are not subjected to any conditions endangering or detrimental to their life, health or safety.” (Park W. Mgt. Corp., 47 NY2d at 325.)