2023 New York Laws
RPP - Real Property
Article 7 - Landlord and Tenant
235-B - Warranty of Habitability.

§  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.
2.  Any  agreement  by  a  lessee  or  tenant of a dwelling waiving or
modifying his rights as set forth in  this  section  shall  be  void  as
contrary to public policy.
3.  In  determining  the  amount of damages sustained by a tenant as a
result of a breach of the warranty set forth in the section, the court;
  (a) need not require any expert testimony; and
  (b) shall, to the extent the warranty is breached or cannot  be  cured
by  reason  of  a  strike  or  other  labor  dispute which is not caused
primarily by the individual landlord or  lessor  and  such  damages  are
attributable  to such strike, exclude recovery to such extent, except to
the extent of the net savings, if any, to  the  landlord  or  lessor  by
reason  of  such  strike  or  labor  dispute  allocable  to the tenant's
premises, provided, however, that the landlord or lesser has made a good
faith attempt, where practicable, to cure the breach.
  (c) where the premises is subject to regulation pursuant to the  local
emergency  housing rent control law, the emergency tenant protection act
of nineteen seventy-four, the rent stabilization law of nineteen hundred
sixty-nine or the city rent and rehabilitation law,  reduce  the  amount
awarded  hereunder  by the total amount of any rent reduction ordered by
the state division of housing and community  renewal  pursuant  to  such
laws or act, awarded to the tenant, from the effective date of such rent
reduction order, that relates to one or more matters for which relief is
awarded hereunder.