Effective Date: May 3rd, 2024
Key points:
Definition of Uninhabitable Conditions: The bill expands the definition of uninhabitable conditions to include issues such as mold associated with dampness, lack of functioning appliances (including air conditioning units), inadequate waterproofing, plumbing problems, absence of running hot or cold water, insufficient heating, and electrical lighting deficiencies. These conditions are recognized as materially affecting tenants' health or safety.
Landlord Response Requirements: Upon receiving notice from a tenant about an uninhabitable condition, landlords are mandated to communicate with the tenant and commence remedial action within specified timeframes. A rebuttable presumption arises that the landlord has failed to fulfill their duty if the condition persists for 7 or 14 days after notice, depending on the severity of the issue.
Temporary Housing Provisions: In certain circumstances, landlords are required to provide tenants with a comparable dwelling unit if an uninhabitable condition materially interferes with the tenant's life, health, or safety. This ensures tenants have access to safe housing while repairs are being made.
Anti-Retaliation Measures: The bill explicitly prohibits landlords from retaliating against tenants who report uninhabitable conditions, request repairs, or exercise their rights under the warranty of habitability. Protected tenant actions include organizing or participating in tenant associations and other lawful concerted activities.
Legal Remedies and Court Procedures: Tenants are authorized to raise a breach of the warranty of habitability as an affirmative defense against a landlord's action for possession or collection. The bill establishes legal standards and procedures for both tenants' claims and landlords' defenses, including the calculation of actual and punitive damages in breach cases.
This legislation aims to ensure safe and healthy housing for tenants by holding landlords accountable for maintaining habitable living conditions and providing clear legal avenues for tenants to seek remedies when those standards are not met.
