Solow v. Wellner

In Solow v. Wellner (86 NY2d 582), the Court said " pursuant to Real Property Law 235-b, every residential lease contains an implied warranty which is limited by its terms to three covenants: (1) that the premises are 'fit for human habitation', ... and (3) that the occupants will not be subjected to conditions that are 'dangerous, hazardous or detrimental to their life, health or safety.' " The Solow Court went on to explain that it had previously "held that the implied warranty protects only against conditions that materially affect the health and safety of tenants" (id. at 588.)