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Bruce needs to get to it (lemmy.world)

submitted 8 months ago by [email protected] to c/funny

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[–] [email protected] 139 points 8 months ago* (last edited 8 months ago) (3 children)

In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety.

New York Property Law 235-B

[–] [email protected] 54 points 8 months ago (1 children)

I think the “fit for uses reasonably intended” is probably the more relevant clause here. A dipshit landlord could try to argue that hot water is a luxury or something, but have a much harder time arguing that it’s unreasonable to expect hot water to work as initially sold and provided. Depends on how “fit for human habitation” is legally defined.

[–] [email protected] 30 points 8 months ago (1 children)

Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps. Besides, cold showers can come with health risks: https://bestlifeonline.com/cold-shower-risks/

[–] [email protected] 12 points 8 months ago (3 children)

Any judge in NY would call hot water required for human habitation by invoking “common sense” based on human body’s propensity for hypothermia under colder temps

I'm not sure that particular argument works that well. You won't go into hypothermia because you don't have hot running water. It would be better argument for fixing the heat.

It's certainly something that's reasonable to assume to be working though, so I think “fit for uses reasonably intended” is the sounder argument here.

[–] [email protected] 9 points 8 months ago

Water gets real fucking cold during the winter, it costs me way more to heat water during the winter than summer, usually 4 times more.

[–] [email protected] 5 points 8 months ago

Fair point, I think a good lawyer could argue the “cold water can make my client sick” argument though, or even a judge could come to that conclusion in a small claims court.

[–] LesDeuxBonsYeux 13 points 8 months ago

The hero we need

[–] [email protected] 9 points 8 months ago (1 children)

lessor

a person who leases or lets a property to another; a landlord.

Huh

[–] [email protected] 1 points 8 months ago (1 children)

very apt

[–] sugar_in_your_tea 1 points 8 months ago

Yup, definitely an apartment.