The New York State legislature codified the implied warranty of habitability for residential leases in Real Property Law section 235-b, but failed to specify remedies for breach. This Note examines the development of the implied warranty of habitability as a basis for expanding a landlord's liability for failure to provide habitable premises and discusses problems relating to recovery for breach which have arisen in New York courts. It argues that recovery should be limited to tenants and intended third party occupants. In addition, punitive damages should not be awarded under a strict liability theory unless malice is established. The added protection which strict liability provides must be limited to the landlord-tenant relationship.
Francis S. L'Abbate,
Recovery Under the Implied Warranty of Habitability,
10 Fordham Urb. L.J. 285
Available at: http://ir.lawnet.fordham.edu/ulj/vol10/iss2/4