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 or
abode to the implied
warranty 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,
covenant, or
provision of a
contract. There was no implied warranty of habitability for tenants at
common law and the
legal doctrine 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, roaches, termites, or
mold
* 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, 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 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. 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
Consequences
Violation of the warranty of habitability results in
constructive eviction, whereby the
landlord or
lessor 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 ...
or
lessee. The tenant may remedy the problem, or complain to local government authorities for remedies.
See also
*
Real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
*
Real estate
*
Implied warranty of habitability
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]
See also
*
Space habitation
**
Lunar habitation
References
External links
Evicting Tenants in New York
Contract law
Landlord–tenant law
Real property law
Legal doctrines and principles