Habitability refers to the adequacy of an environment for human living. Where housing is concerned, there are generally local ordinances which define habitability. If a residence complies with those laws it is said to be habitable. In extreme environments, such as space exploration, habitability must take into account psychological and social stressors, due to the harsh nature of the environment.

Habitability in law

Habitability is the conformance of a

residence A residence is a place (normally a building) used as a home or dwelling, where people reside. Residence may more specifically refer to: * Domicile (law), a legal term for residence * Habitual residence, a civil law term dealing with the status ...

abode In law, a dwelling (also known as a residence or an abode) is a self-contained unit of accommodation used by one or more households as a home - such as a house, apartment, mobile home, houseboat, vehicle, or other "substantial" structure. The ...

to the implied

warranty In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term "not going to the root of the contract",Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives''p. 48 Cambrid ...

of habitability. A residence that complies is said to be habitable. It is an

implied warranty In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as war ...

or contract, meaning it does not have to be an

express contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...

covenant Covenant may refer to: Religion * Covenant (religion), a formal alliance or agreement made by God with a religious community or with humanity in general ** Covenant (biblical), in the Hebrew Bible ** Covenant in Mormonism, a sacred agreement b ...

, or

provision Provision(s) may refer to: * Provision (accounting), a term for liability in accounting * Provision (contracting), a term for a procurement condition * ''Provision'' (album), an album by Scritti Politti * A term for the distribution, storing an ...

of a

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

. There was no implied warranty of habitability for tenants at

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

and the

legal doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about w ...

has since developed in many jurisdictions through housing laws and regulations. Habitability is a common law doctrine that is largely synonymous with tenantability. In Architecture, the term habitabilty is understood to be an umbrella term for the suitability and value of a built habitat for its inhabitants in a specific environment over time. In order to be habitable, such housing usually: * must provide shelter, with working locks * must be heated in the winter months (typically between October 1 and May 31 in the

Northeastern United States The Northeastern United States, also referred to as the Northeast, the East Coast, or the American Northeast, is a geographic region of the United States. It is located on the Atlantic coast of North America, with Canada to its north, the Southe ...

) * must not be infested with

vermin Vermin (colloquially varmint(s) or varmit(s)) are pests or nuisance animals that spread diseases or destroy crops or livestock. Since the term is defined in relation to human activities, which species are included vary by region and enterpr ...

, roaches, termites, or

mold A mold () or mould () is one of the structures certain fungus, fungi can form. The dust-like, colored appearance of molds is due to the formation of Spore#Fungi, spores containing Secondary metabolite#Fungal secondary metabolites, fungal seco ...

* requires the landlord to stop other tenants from making too much noise (as measured by the

decibel The decibel (symbol: dB) is a relative unit of measurement equal to one tenth of a bel (B). It expresses the ratio of two values of a power or root-power quantity on a logarithmic scale. Two signals whose levels differ by one decibel have a po ...

scale),

second-hand smoke Passive smoking is the inhalation of tobacco smoke, called secondhand smoke (SHS), or environmental tobacco smoke (ETS), by persons other than the intended "active" smoker. It occurs when tobacco smoke enters an environment, causing its inhalat ...

, or from selling

narcotics The term narcotic (, from ancient Greek ναρκῶ ''narkō'', "to make numb") originally referred medically to any psychoactive compound with numbing or paralyzing properties. In the United States, it has since become associated with opiates ...

* must provide

potable water Drinking water is water that is used in drink or food preparation; potable water is water that is safe to be used as drinking water. The amount of drinking water required to maintain good health varies, and depends on physical activity level, ag ...

* each

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

may have various rules.

New York law

Some states, such as

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

, have given additional statutory protections in addition to those created by

caselaw Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a l ...

. These statutes include: # Lobby attendant service by a

concierge A concierge () is an employee of a multi-tenant building, such as a hotel or apartment building, who receives guests. The concept has been applied more generally to other hospitality settings and to personal concierges who manage the errands of ...

or landlord # Elevator mirrors # Smoke detectors # Window guards # Intercoms and self-locking doors # Protection from

lead paint Lead paint or lead-based paint is paint containing lead. As pigment, lead(II) chromate (, "chrome yellow"), lead(II,IV) oxide, (, "red lead"), and lead(II) carbonate (, "white lead") are the most common forms.. Lead is added to paint to acceler ...

Consequences

Violation of the warranty of habitability results in

constructive eviction Constructive eviction is a term used in the law of real property to describe when a landlord sidesteps the formal, legal eviction process, and instead attempts to force the eviction of the tenant by rendering the property uninhabitable (e.g. cha ...

, whereby the

landlord A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, the ...

lessor Lessor may refer to: * Lessor (leasing), the owner of leased property or the agent authorized on the owner's behalf * Lessor, Wisconsin, a town in U.S.A. * Lessor Township, Minnesota, U.S.A. See also * Lesser {{disambig, geo ...

has, in effect, evicted the

tenant Tenant may refer to: Real estate *Tenant, the holder of a leasehold estate in real estate *Tenant-in-chief, in feudal land law *Tenement (law), the holder of a legal interest in real estate *Tenant farmer *Anchor tenant, one of the larger stores ...

lessee A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...

. The tenant may remedy the problem, or complain to local government authorities for remedies.

Habitability in extreme environments

Human Factors and habitability are important topics for working and living spaces. For space exploration, they are vital for mission success. One of the critical characteristics for living and working in extreme environments the dependency on the habitat, its technological capability as well as the sociospatial framing. ''Inhabitants who are exposed to remote and hostile environments, not only must overcome the challenges posed by the dangers and limitations imposed by the particular environment itself, but also experience significant distress from being confined indoors and isolated from civilization and social contact''. Components of the system include: The setting, the individual, the group or (microsociety) and the time. Support and evidence for the need of integrating habitability can be found in every decade. Thomas M. Fraser suggested "that habitability can be considered as the equilibrium state, resulting from man-machine-environment-mission interactions which permits man to maintain physiological homeostasis, adequate performance, and psycho-social integrity".

Habitability of islands

In 2020, the island of Kökar in the Baltic Sea, not satisfied with common sustainability methods and tools, created a tool called habitability to measure their own attractiveness as a place to live. Important characteristics of island societies which have previously been overlooked are, amongst others, the extreme seasonal shifts in human pressure, the need to define distances in time, the intricate business ecosystem of islands, and the transition to renewable, locally produced energy. The tool includes 45 indicators grouped into seven areas that can be used to test the habitability of an island society. The Finnish Ministry of Economic Affairs end Employment has commissioned Åbo Academy University to implement this tool among the 600 inhabited Finnish islands, and the toolbox is presently being translated into Croatian. {{cite web , last1=Abo Academy , title=Habitability , url=https://www.abo.fi/en/centre-for-lifelong-learning/habitability/ , website=www.abo.fi , publisher=Abo Academy , access-date=28 April 2021

References

External links

Evicting Tenants in New York

Contract law Landlord–tenant law Real property law Legal doctrines and principles