Property Management

In New York, a residential lease that contains a provision waiving the tenant's right to the warranty of habitability is:

AValid if the tenant signs it voluntarily
BVoid and unenforceable as against public policy under New York Real Property Law section 235-b✓ Correct
CValid only for leases of less than one year
DEnforceable if reviewed by an attorney

Explanation

New York Real Property Law section 235-b expressly states that the implied warranty of habitability cannot be waived by any provision of a lease or rental agreement. Any lease provision purporting to waive the warranty is void as against public policy.

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