“The trend towards greater consumer protection so evident in the products liability field is clearly discernible in the sale of new homes by the builder-vendor, and in the leasing of apartments by landlords. Some of the fundamental concepts of real property law, especially those which make no sense in modern society, have been, or are being, overruled and superseded by more enlightened and public policy-minded decisions of both the federal and state courts. It seems safe to predict that the warranty of habitability which governs the sale of new homes by the builder-vendor, adopted by a substantial majority of jurisdictions, will soon become the majority rule as to apartments.”
Jaeger, Walter H.E.
"Apartments and Houses: The Warranty of Habitability,"
Akron Law Review: Vol. 12
, Article 1.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol12/iss3/1