✓ Law Verified June 2026
This guide explains your rights when your New York landlord will not make repairs — what they must provide, how much notice to give, and your options including repair-and-deduct and rent withholding. All figures are from New York law, verified as of June 2026.
In This New York Guide:
New York Repair & Habitability Rules at a Glance
| Warranty of habitability | YES — New York Real Property Law Section 235-b implies a warranty of habitability in every residential lease (written or oral). The landlord warrants that the premises are fit for human habitation, fit for the uses reasonably intended by the parties, and that occupants will not be subjected to conditions dangerous, hazardous, or detrimental to life, health, or safety. Any lease clause waiving this warranty is void as contrary to public policy. This warranty applies statewide and has been in effect since 1975. |
| Notice to landlord required | New York does not specify a single number of days. The standard is “reasonable time” based on the severity of the condition. NYC Housing Maintenance Code violation deadlines provide guidance: Class C (immediately hazardous conditions like no heat, no hot water, lead paint, gas leaks) requires correction within 24 hours; Class B (hazardous conditions like broken plumbing, pest infestations, defective locks) requires correction within 30 days; Class A (non-hazardous conditions like minor cracks, peeling paint in non-lead buildings) requires correction within 90 days. Tenants should send written notice via certified mail, return receipt requested, and document the condition with dated photographs. |
| Repair-and-deduct allowed | YES with conditions — New York has no explicit repair-and-deduct statute, but courts have recognized the remedy through case law and the NY Attorney General endorses it. A tenant may repair and deduct the cost from rent if: (1) the tenant gives the landlord written notice of the needed repair, (2) the landlord is given reasonable time to make the repair and fails to act, and (3) the cost of the repair is reasonable and proportionate to the rent amount. There is no statutory cap, but courts evaluate reasonableness on a case-by-case basis. Tenants should keep all receipts and copies of written communications with the landlord. |
| Rent withholding allowed | YES with conditions — A New York tenant may withhold rent when the landlord breaches the warranty of habitability under RPL 235-b. Conditions: (1) the condition must be a genuine habitability violation such as lack of heat, hot water, pest infestation, broken plumbing, or dangerous structural issues, (2) the tenant must notify the landlord of the problem in writing, (3) the landlord must be given reasonable time to make repairs, (4) the tenant must not have caused the problem, and (5) the tenant should set aside the withheld rent — do not spend it. If the landlord brings a non-payment proceeding, the tenant can raise the habitability breach as a defense and the court may order a rent abatement. Courts determine the appropriate abatement amount based on the severity and duration of the condition. |
| Rent escrow option | YES — In New York City, tenants can bring an HP (Housing Part) Action in NYC Housing Court to compel repairs. During these proceedings, the court may order the tenant to deposit rent into an escrow account rather than paying it directly to the landlord while repairs are pending. Outside NYC, tenants may petition a local court to establish a rent escrow arrangement during a habitability dispute. Additionally, pending legislation (NY Senate Bills S7633B and S7633C from the 2025 session) would expand HP proceedings to allow tenants to seek rent abatement directly based on housing code violations. |
What Your New York Landlord Must Provide
Under RPL 235-b and the Multiple Dwelling Law (Sections 78 and 80), a New York landlord must provide and maintain: heat (between October 1 and May 31, landlords must provide heat when outdoor temperature drops below 55°F — daytime indoor temp must reach at least 68°F, nighttime at least 62°F), hot water (year-round at a minimum temperature of 120°F), working plumbing, working electrical systems, structural integrity (walls, ceilings, floors, roof in good repair), functioning smoke and carbon monoxide detectors, window guards where required, adequate lighting in common areas, freedom from pest and vermin infestations (rodents, roaches, bedbugs), working locks on doors, lead paint safety in pre-1978 buildings, and safe and sanitary conditions throughout the premises.
In NYC, the Housing Maintenance Code (NYC Admin Code Title 27, Chapter 2) adds additional requirements including elevator maintenance, garbage disposal, and fire safety systems.
Your Options When Repairs Are Not Made
Repair and deduct: YES with conditions — New York has no explicit repair-and-deduct statute, but courts have recognized the remedy through case law and the NY Attorney General endorses it. A tenant may repair and deduct the cost from rent if: (1) the tenant gives the landlord written notice of the needed repair, (2) the landlord is given reasonable time to make the repair and fails to act, and (3) the cost of the repair is reasonable and proportionate to the rent amount.
There is no statutory cap, but courts evaluate reasonableness on a case-by-case basis. Tenants should keep all receipts and copies of written communications with the landlord.
Withhold rent: YES with conditions — A New York tenant may withhold rent when the landlord breaches the warranty of habitability under RPL 235-b. Conditions: (1) the condition must be a genuine habitability violation such as lack of heat, hot water, pest infestation, broken plumbing, or dangerous structural issues, (2) the tenant must notify the landlord of the problem in writing, (3) the landlord must be given reasonable time to make repairs, (4) the tenant must not have caused the problem, and (5) the tenant should set aside the withheld rent — do not spend it.
If the landlord brings a non-payment proceeding, the tenant can raise the habitability breach as a defense and the court may order a rent abatement. Courts determine the appropriate abatement amount based on the severity and duration of the condition.
Report to code enforcement: In New York City: call 311 or visit nyc.gov/hpd to file a complaint with the Department of Housing Preservation and Development (HPD). You may also use the NYC311 mobile app under “Housing” to submit a service request. HPD will schedule an inspection and issue violations if warranted — save your service request number.
Outside New York City: contact your local municipal building department or housing code enforcement office. If the local agency is unresponsive, you may file a complaint with the NYS Department of State, Division of Building Standards and Codes. The NY Attorney General also maintains resources at ag.ny.gov for locating legal services and code enforcement contacts in your area.
Constructive eviction: YES — New York courts recognize the common-law doctrine of constructive eviction. A tenant may break the lease without penalty if: (1) the premises have become uninhabitable due to severe conditions (persistent mold, no plumbing, structural danger, flooding — not merely a dripping faucet), (2) the condition is something the landlord is responsible for fixing, (3) the tenant has given the landlord written notice and reasonable time to correct the problem, and (4) the tenant actually vacates the premises.
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This last element is critical — remaining in the apartment may be interpreted by the court as acceptance of the conditions and could defeat the claim. If established, the tenant is released from remaining lease obligations and may recover damages including moving costs and the difference in rent.
Retaliation protection: YES — New York Real Property Law Section 223-b protects tenants from landlord retaliation. If a tenant makes a good faith complaint to the landlord, a government agency, or any authority about health or safety violations, warranty of habitability breaches, or code violations — or if the tenant participates in a tenant organization — the landlord is prohibited from retaliating by serving eviction notices, refusing to renew a lease, substantially altering the terms of tenancy, or reducing services.
If the landlord takes adverse action within 1 year of the tenant’s complaint or protected activity, there is a rebuttable presumption of retaliation, and the landlord must prove a non-retaliatory motive. Tenants can bring a civil action for damages, attorney’s fees, costs, and injunctive relief. This protection applies to all residential rentals except owner-occupied dwellings with fewer than 4 units.
Other New York repair rules: New York City tenants have access to NYC Housing Court HP Actions — a special proceeding where a tenant can ask the court to order the landlord to make specific repairs by a deadline, and the court can hold the landlord in contempt for non-compliance or authorize the tenant to make repairs at the landlord’s expense.
NYC’s Housing Maintenance Code classifies violations into three tiers (A, B, C) with escalating fines: Class A non-hazardous fines start at 50-150; Class B hazardous fines range from 125-1000 initially and 1000-3000 if uncorrected; Class C immediately hazardous fines range from 500-2000 initially and 2000-5000 if uncorrected, plus emergency repairs at the owner’s cost and possible vacate orders.
NYC landlords must provide heat between October 1 and May 31 when outdoor temperature drops below 55°F (daytime indoor minimum 68°F, nighttime minimum 62°F) and hot water year-round at minimum 120°F. The Multiple Dwelling Law (Sections 78 and 80) applies to cities with populations of 325000 or more (effectively NYC), while the Multiple Residence Law (Section 174) applies to smaller municipalities.
New York’s Good Cause Eviction law (part of HSTPA 2019, effective April 20, 2024) requires landlords to have a legally recognized “good cause” for non-renewal of a lease, providing additional protection for tenants who assert their repair rights. RPL 223-b retaliation protections include a 1-year rebuttable presumption period — one of the longer windows in the country.
Understanding New York Landlord Repair Obligations
When New York landlord repairs are not made, you have options — but you must follow the right steps to protect yourself legally. New York landlord repairs law requires written notice to the landlord, a reasonable time to fix the problem, and documentation of the condition. Skipping any step can weaken your position if the dispute over New York landlord repairs ends up in court.
Always put your repair request in writing, keep a copy, and take dated photos — this paper trail is your strongest evidence that New York landlord repairs were demanded and ignored.
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Official New York Sources & Resources
- New York Attorney General: https://ag.ny.gov/publications/residential-tenants-rights-guide
- New York Habitability Statute: https://www.nysenate.gov/legislation/laws/RPP/235-B
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This New York repairs guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.