Bob Jones recently signed a lease for a studio apartment located in Manhattan. His studio is located ...

Bob Jones recently signed a lease for a studio apartment located in Manhattan. His studio is located on the top floor of a five-story brownstone converted into individual apartments and studios. A skylight in his loft has a crack between the plexiglass cover and the roof. Bob has moved his belongings away from the area beneath the skylight because rain and snow leak into the apartment. Because the heating system cannot compensate for the draft from the crack, the nighttime temperature in Bob's apartment is usually 10 degrees above the outside temperature. This January, the nighttime temperature in Bob's apartment has been, on average, 42 degrees. In New York, Bob:
 A) Has no rights or remedy because he should have inspected the property before leasing.
 B) Can claim breach of the implied warranty of habitability.
 C) Can resort only to federal law for help.
 D) Should see if there is a constitutional provision to help him on contract rights.