N.Y. Real Property Law § 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.