Does the Warranty of Habitability extend to common areas?

As revealed in a recent article published by Habitat magazine, “the warranty of habitability (§ 235-b of the Real Property Law) applies not only to the premises rented, but to ‘all areas used in connection therewith in common with other tenants.’ It provides that all such areas must be fit for human habitation, and are free from ‘dangerous, hazardous, or detrimental’ conditions.  As the article implies, it may be prudent for boards of directors to carefully re-examine areas such as bicycle rooms, playgrounds, laundry rooms and storage areas.  Read the entire article here.

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