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.
I think the “fit for uses reasonably intended” is probably the more relevant clause here. A dipshit landlord could try to argue that hot water is a luxury or something, but have a much harder time arguing that it’s unreasonable to expect hot water to work as initially sold and provided. Depends on how “fit for human habitation” is legally defined.
Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps. Besides, cold showers can come with health risks: https://bestlifeonline.com/cold-shower-risks/
Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps
I’m not sure that particular argument works that well. You won’t go into hypothermia because you don’t have hot running water. It would be better argument for fixing the heat.
It’s certainly something that’s reasonable to assume to be working though, so I think “fit for uses reasonably intended” is the sounder argument here.
Fair point, I think a good lawyer could argue the “cold water can make my client sick” argument though, or even a judge could come to that conclusion in a small claims court.
New York Property Law 235-B
I think the “fit for uses reasonably intended” is probably the more relevant clause here. A dipshit landlord could try to argue that hot water is a luxury or something, but have a much harder time arguing that it’s unreasonable to expect hot water to work as initially sold and provided. Depends on how “fit for human habitation” is legally defined.
Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps. Besides, cold showers can come with health risks: https://bestlifeonline.com/cold-shower-risks/
I’m not sure that particular argument works that well. You won’t go into hypothermia because you don’t have hot running water. It would be better argument for fixing the heat.
It’s certainly something that’s reasonable to assume to be working though, so I think “fit for uses reasonably intended” is the sounder argument here.
source: https://portal.311.nyc.gov/article/?kanumber=KA-01036#:~:text=Complaint Building-Wide-,Residential building owners in New York City are legally required,enough heat or hot water.
Nice that they have it so clearly. No need for interpretation
Water gets real fucking cold during the winter, it costs me way more to heat water during the winter than summer, usually 4 times more.
Fair point, I think a good lawyer could argue the “cold water can make my client sick” argument though, or even a judge could come to that conclusion in a small claims court.
The hero we need
Huh