New York Consolidated Laws

N.Y. Real Property Law § 235 (2026)

Wilful violations

✓ current as of May 2026

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§ 235. Wilful violations. 1. Any lessor, agent, manager,
superintendent or janitor of any building, or part thereof, the lease or
rental agreement whereof by its terms, expressed or implied, requires
the furnishing of hot or cold water, heat, light, power, elevator
service, telephone service or any other service or facility to any
occupant of said building, who wilfully or intentionally fails to
furnish such water, heat, light, power, elevator service, telephone
service or other service or facility at any time when the same are
necessary to the proper or customary use of such building, or part
thereof, or any lessor, agent, manager, superintendent or janitor who
wilfully and intentionally interferes with the quiet enjoyment of the
leased premises by such occupant, is guilty of a violation.
  2. Any lessor, agent, manager, superintendent or janitor of any
building, or part therof, who wilfully or intentionally acts to prevent
or obstruct the delivery of fuel oil ordered in compliance with either
section three hundred two-c of the multiple dwelling law or section
three hunded five-c of the multiple residence law or the refiring of an
oil burner after such a delivery shall be guilty of a violation.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1995–2025 · leading case: German v. Fed. Home Loan Mortg. Corp., 885 F. Supp. 537 (S.D.N.Y. 1995).

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German v. Fed. Home Loan Mortg. Corp., 885 F. Supp. 537 (S.D.N.Y. 1995). “2d 421 (1979); N.Y. Real Property Law § 235 -b (McKinney’s 1989).”

Centeno-Bernuy v. Becker Farms, 564 F. Supp. 2d 166 (W.D.N.Y. 2008). “N.Y. Real Property Law § 235 -b(l). The Northern District of New York has determined that housing provided as part of a work agreement is subject to the warranty of habitability provision.”

G.M.M. v. Kimpson, 92 F. Supp. 3d 53 (E.D.N.Y 2015). “Warranty of Habitability and Construction New York Real Property Law section 235-b provides an implied warranty of habitability in residential leases: [I]n every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant…”

Bianculli v. Bianculli, 242 A.D.2d 647 (N.Y. App. Div. 1997). “The plaintiff’s claim that the defendants improperly failed to provide her with heat should not have been dismissed based on her incorrect reference to Real Property Law §§ 235 and 235-a rather than Real Property Law § 235-b (see, Baby Togs v Harold Trimming Co.”

Rosquist v. Richmond Senior Servs., Inc., 41 Misc. 3d 14 (N.Y. App. Term. 2013). · cites it 4× “The court set a conference to review tenant’s claims that landlord had not corrected the violations listed in the violation summaries, and otherwise denied tenant’s motion, stating, in part, that the Housing Part does not have jurisdiction to grant injunctive relief for a…”

Robinson v. Robles, 28 Misc. 3d 868 (2010). “18 Unfortunately, after the passage of almost 30 years and two amendments expanding the scope of Real Property Law § 235- *876 e, 19 we are still without statutory sanctions for a landlord’s failure to provide a written receipt.”

Alford v. 72nd Tenants Corp., 2024 NY Slip Op 30822(U) (N.Y. Sup. Ct., New York Cty. 2024). “The Breach of Warranty of Habitability Against the Co-op and the Board of Directors For her third and fourth causes of action of breach of the warranty of habitability against the Co-op and the Board, respectively, Plaintiff alleges that Defendants failed to maintain the Co-op…”

Hartley v. United Student Rentals (N.D.N.Y. 2025). “vely deemed a sale of shelter and services by the landlord who impliedly warrants: first, that the premises are fit for human habitation; second, that the condition of the premises is in accord with the uses reasonably intended by the parties; and, third, that the tenants are…”

Aurora Assoc. LLC v. Hennen, 2018 NY Slip Op 465 (N.Y. App. Div. 2018). “In any event, plaintiff would not prevail simply by proving that defendants sometimes allowed people to stay in the apartment as roommates or boarders, since that would not be impermissible per se ( see Real Property Law § 235 -f). Contrary to plaintiff's contention, it has not…”

Centeno-Bernuy v. Becker Farms, 546 F. Supp. 2d 166 (W.D.N.Y. 2008). “N.Y. Real Property Law § 235 -b(1). The Northern District of New York has determined that housing provided as part of a work agreement is subject to the warranty of habitability provision.”

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