Quote Quoting adjusterjack
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The LL must comply with the implied warranty of habitability. Beyond that he is permitted to include provisions in his lease that are not prohibited by statute, unconscionable, or against public policy and the $95 charge is not any of those.
Absent an authority to the contrary, it cannot be assumed that charging a tenant a fee to bring an apartment into compliance with the warranty of habitability is going to be upheld by a court. The big question is whether it's worth the cost, time and potential (likely) damage to the landlord-tenant relationship to get to a position where the court would find whether (a) such fees are consistent with public policy and (b) whether this particular issue implicated habitability issues.