QUESTION PRESENTED
Under NY CLS Real P §235-b (2017), does Ms. Bank have enough proof to show a breach warranty of habitability due to a danger to her life, health and safety when Bank (1) was deprived of her apartments’ essential functions, (2) because bedbugs materially affect the life health and safety of Ms. Bank and Mr. Clarkson. BRIEF ANSWER Yes, Ms. Bank should be able to show a breach of § 235-b (2017) because she was first deprived of her rights to use her apartment for its essential functions, in this case, sleep. Secondly, Ms. Bank will be able to show the court picture evidence of her suffering from bedbugs, that is to show the specific unpleasant behavior of bedbugs in addition to be able to show the court that she endured …show more content…
Bank both feels this is more effective and safer for her and Clarkson’s ingestion. Bank is contracting this company at her own expense, each extermination is $350. The first time the eco- exterminators came to exterminate they found bedbug droppings in the bedroom which had never been exterminated by Village Landholdings Ltd.’s exterminators.

DISCUSSION
The warranty of habitability as set out by NY CLS Real P §235-b is broken into two sections when trying to determine a breach. The first ensuring all premises must be fit for human habitation and the uses reasonably intended by the parties. N.Y. Real Prop. Law § 235-b (Consol. 2010). The second entailing that the premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. Id.

It has been established that if the parties have not experienced the uninhabitable conditions they will not be able to show a breach. Adler v. Ogden Cap Prop., 2 N.Y.S.3d 902 (N.Y. App. Div. 2015). This will not be relevant to Ms. Bank’s situation because she and Mr. Clarkson were experiencing bedbug bites a full week before they vacated the premises due to the extreme conditions on the premises.