Christine Hagan


Although New York lower courts have held that security precautions are an essential element in making an apartment habitable, the New York Court of Appeals has not yet spoken on this issue. Therefore, in the absence of legislative clarification, the extent of security mandated under New York's warranty of habitability is uncertain. This Note examines the development of the warranty of habitability to include security precautions and discusses the status of a "warranty of security" in New York. The Note then proposes guidelines to determine whether a New York landlord has breached a duty to provide adequate security under section 235-b of the Real Property Law.