Legal Definition of an Uninhabitable Rental Unit

A rental unit is considered uninhabitable when it fails to meet basic health, safety, and structural standards. These standards are typically outlined in state and local housing codes, as well as in the implied warranty of habitability, a legal doctrine requiring landlords to provide livable conditions.

While exact laws vary by state, every rental should provide:

• Safe and functional plumbing, heating, and electrical systems
• A structurally sound building without severe damage
• Protection from the elements, including proper roofing and insulation
• Freedom from infestations of pests like rodents or insects
• Working locks on doors and windows for security
• A reasonable supply of hot and cold water

For example, in California, landlords must comply with Civil Code Section 1941.1, ensuring all rental units have functional plumbing, electrical wiring, and proper weatherproofing. In New York City, tenants can report housing violations to the Department of Housing Preservation and Development (HPD), which may issue fines or force landlords to make repairs.