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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 235-b

Citation
Section 235-b
Parent Document
Committed Community Associates v. Croswell, 164 Misc. 2d 756 (1995)
Jurisdiction
New York (state)
Effective Date
1995-03-08

Full Text

589 chars
Section 235-b of the Real Property Law outlines the standard for establishing when a case for breach of the warranty of habitability exists. It is essential that the premises be residential, and it doesn’t matter whether the rental agreement is oral or written, it is implied in every residential lease. It is also manifest that the purpose of the statute is to make landlords legally liable to tenants for monetary damages for failure to properly maintain premises, make repairs and provide necessary services. (See, Mahlmann v Yelverton, 109 Misc 2d 127 [1980].) 4. Decision of the court