According to Real Property Law 235-B, there is an Implied Warranty of habitability in every New York City lease. This covenant requires that the landlord maintain apartments so that they are fit for human occupancy, that all things work as expected and that no conditions in the apartment exist that may harm or even kill the tenant. Additionally, the implied warranty of habitability applies to the common areas of any building. A landlord’s implied warranty of habitability cannot be waived orally or in the tenant’s lease agreement, as that would go against public policy and any such attempted waiver unenforceable by the court.