NYC lease/tenant responsibilities

[Janel F.]

I recently learned from a fellow BPer that they transfer a lot of their multi-family property management/maintenance responsibilities to their tenants via the lease, i.e., cleaning entryways, curbing trash, snow removal. My husband consulted a lawyer who said that it is possible to do this, but I'm confused as to how this aligns with the "warranty of habitability." How can you legally make the tenant responsible for something the law says you are responsible for? FYI, properties are in Brooklyn, NY.

1. Warranty of Habitability

Real Property Law § 235-b

LL in every written or oral residential lease warrants that the premises and common areas are and will be maintained in a condition that is (a) fit for human habitation (b) fit for uses reasonably intended by the parties (c) free from conditions endangering or detrimental to life, health, or safety of occupants. T cannot waive or modify this right. T can prove damages for breach without expert testimony. Damages caused by strike are only recoverable in the amount of the LL’s saving, unless strike caused by LL.

2. Right to Repairs and Clean Premises

Multiple Residence Law § 174

Multiple Dwelling Law §§ 78, 80

LL shall keep all and every part of a multiple dwelling (three or more residential units) and the lot it is on in good repair, clean and free from vermin, rodents, dirt, filth, garbage or other matter dangerous to life or health. T also liable if T or T’s guests willfully or negligently cause violation.