Habitability Request Form

Warranty of Habitability 505 List- 2024 Version

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This is the list of items that can make a property uninhabitable, if a property has any of these problems it triggers repair obligations under the warranty of habitability.

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(a) There is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use;

 

(b) It substantially lacks any of the following characteristics:

 

(I) Functioning appliances that conformed to applicable law at the time of installation and that are maintained in good working order;

(II) Waterproofing and weather protection of roof and exterior walls maintained in good working order, including unbroken windows and doors;

(III) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that are maintained in good working order;

(IV) Running water at all times and hot water in an amount necessary for the tenant to perform all ordinary activities related to maintaining cleanliness and health, furnished to appropriate fixtures and connected to a sewage disposal system approved under applicable law;

(VII) Common areas and areas under the control of the landlord that are kept reasonably clean, sanitary, and free from all accumulations of debris, filth, rubbish, and garbage and that have appropriate extermination in response to the infestation of rodents, vermin, pests, or insects;

(VIII) Appropriate extermination in response to the infestation of rodents, vermin, pests, or insects throughout a residential premises, including compliance with all requirements under part 10 of this article 12;

(IX) An adequate number of appropriate exterior receptacles for garbage, waste, and rubbish, in good repair and scheduled to be serviced and emptied at sufficient intervals to ensure containment and proper disposal of all trash, waste, and rubbish;

(X) Floors, stairways, elevators, and railings maintained in good repair;

(XIII) Compliance with applicable standards from the American National Standards Institute, or its successor organization, and all applicable provisions of building, fire, health, and housing codes for the remediation and cleanup of a residential premises following an environmental public health event;

(XV) Compliance with all requirements in section 38–12–803 (RADON); or

(XVI) Compliance with all requirements related to cooling devices established in subsection (7) of this section; or

 

(c) It is otherwise unfit for human habitation.