Renting & housing · Situation
Landlord won't make repairs in New York: the warranty of habitability and what you can do
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
Under Real Property Law § 235-b, every residential lease in New York, written or oral, includes a promise that your apartment and the building's shared areas are fit to live in and free of conditions that endanger your life, health or safety. You can't sign this right away. If your landlord won't fix a serious problem, ask in writing, document everything, and report it to your local code enforcement office (in New York City, call 311 so HPD can inspect). A court can order repairs and may reduce your rent for the time the problem lasted. Think twice before simply stopping rent: it often leads to a nonpayment case.
Read on for the details, the exceptions and the sources.
In plain words
- Warranty of habitability
- A promise the law writes into every residential lease: the home is safe and fit to live in. It can't be waived.
- Rent abatement
- A reduction of the rent a court (or, for regulated apartments, the state housing agency) may order for the time you didn't get what you paid for.
- HP action
- A case a New York City tenant brings in Housing Court to make the landlord fix conditions and restore services. You don't need a lawyer to start one.
- Violation
- An official finding by a city inspector that a condition breaks the housing code. In NYC, HPD sorts them as class A, B or C, from non-hazardous to immediately hazardous.
What the law says, briefly
Real Property Law § 235-b(1) says every written or oral residential lease includes the landlord's promise that the apartment and the areas you share with other tenants are fit for human habitation, fit for the uses you both reasonably intended, and free of conditions that are dangerous, hazardous or detrimental to life, health or safety. Common examples are no heat or hot water, leaks, mold, pests, broken locks and unsafe wiring. The warranty isn't broken when the problem was caused by your own misconduct or that of people under your control.
Any lease clause that waives or limits this warranty is void (§ 235-b(2)), and a court deciding how much you lost doesn't need expert testimony to do it (§ 235-b(3)). In larger cities' apartment buildings, Multiple Dwelling Law § 78 separately requires the owner to keep the building and every part of it in good repair; in New York City the Housing Maintenance Code, enforced by HPD, adds detailed rules. A landlord may not punish you for complaining in good faith about conditions (Real Property Law § 223-b).
What to check in your lease, contract or papers
- Whether the lease makes you responsible for certain repairs. It still can't take away the warranty of habitability (§ 235-b(2)).
- Whether the problem could be blamed on you, a household member or a guest; the warranty doesn't cover damage caused by your own misconduct (§ 235-b(1)).
- Whether your apartment is rent-stabilized or rent-controlled. If it is, you can also file a complaint with NYS Homes and Community Renewal (DHCR), which may reduce your rent.
- Who the owner and managing agent are. In New York City, owners must register every year with HPD, and HPD's website shows the registered contact.
- Whether the building already has open violations; in NYC you can look this up on HPDONLINE.
What to document
- Dated photos and video of each problem, and of any damage it caused to your belongings.
- When the problem started and every time you reported it, to whom and how.
- Copies of your written requests and any replies.
- Inspection dates, inspectors' cards and violation numbers.
- Costs the problem caused you: ruined property, space heaters, extra cleaning, medical visits.
- Names of neighbors with the same problem.
What to do, step by step
Tell the super or landlord, then put it in writing
HPD recommends a letter describing the problems and asking for repairs by a specific date, sent to the owner and the management company by certified mail. Keep a copy.
Let them in to make the repairs
Tenants must give access for repairs required by law. An unreasonable refusal can be used against you, even as grounds for eviction.
Report the conditions
In New York City, call 311 or use 311 online; HPD may inspect and issue violations. Outside NYC, contact your city, town or village code enforcement or building department.
If your apartment is rent-regulated, consider a DHCR complaint
According to the Attorney General's tenants' guide, you must first notify the landlord in writing, and the complaint may be filed no sooner than 10 days and no later than 60 days after that notice.
Go to court if nothing changes
In NYC you can start an HP action in Housing Court to get an order to correct the conditions; you don't need a lawyer. Anywhere in the state you can ask a court for a rent reduction for the time the warranty was broken.
What not to do
- Don't stop paying rent without understanding the risk. The Attorney General's guide notes that a tenant may withhold rent, but the landlord may then sue for nonpayment, and you'd raise the repairs as your defense. If you withhold, keep the money set aside; a court may require you to deposit it.
- Don't make major repairs yourself and deduct the cost unless it is truly urgent and the landlord ignored notice. The AG's guide describes repair-and-deduct only for extenuating circumstances, such as a broken door lock the landlord willfully won't fix. Keep receipts.
- Don't refuse reasonable access for repairs.
- Don't move out on the assumption that the lease ends by itself. Get advice first.
When to send a demand letter
Send one as soon as spoken requests go nowhere, or right away if the problem is serious. List each condition, when you first reported it, and a reasonable deadline; mention Real Property Law § 235-b. The letter builds your record, and it is a good-faith complaint that § 223-b protects against retaliation.
When to go to court
If conditions aren't fixed, a New York City tenant can bring an HP action in Housing Court, where a judge can order the landlord to correct violations. To recover money for the time you lived with the problem, you can ask for a rent reduction in court; small claims court can hear money claims within its limit.
If the landlord sues you for unpaid rent, you can raise the conditions as a defense or counterclaim (Real Property Actions and Proceedings Law § 743). When a city agency has ordered repairs of a condition that is dangerous to life, health or safety, the court may pause a nonpayment case, but only if you deposit the rent with the court clerk (§ 755).
What evidence to keep
- Your lease and rent payment records
- Dated photos and video
- Your repair letters with proof of mailing
- Inspection reports and violation numbers
- Receipts for costs the conditions caused
- Notes of every call and visit
Frequently asked questions
Can my landlord evict me because I complained to 311?
No. Real Property Law § 223-b bars eviction, non-renewal or other retaliation for a good-faith complaint about conditions. If the landlord acts within a year of your complaint, the law presumes retaliation and the landlord must prove a different motive (§ 223-b(5)). There are exceptions, such as owner-occupied buildings with fewer than four units.
How big a rent reduction can I get?
There's no fixed table. The Attorney General's guide explains that the reduction is usually figured by subtracting from your rent the estimated value of the apartment without the missing services, and that the landlord must have known, or should have known, about the problem.
Does the warranty of habitability apply to a small building or a house?
Yes. Section 235-b applies to every residential lease, written or oral, whatever the size of the building. The Multiple Dwelling Law and NYC's Housing Maintenance Code add more rules for apartment buildings.
What if a fire made the apartment unlivable?
The Attorney General's guide explains that if the apartment becomes uninhabitable from fire or other damage you didn't cause, and the lease doesn't say otherwise, you may move out and end the lease, and the landlord must refund rent paid in advance and your deposit (Real Property Law § 227). Rent-regulated tenants can also ask DHCR to keep the tenancy alive at a reduced rent.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. Real Property Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 235-b(1)–(3); § 223-b · Checked: October 30, 2026The warranty of habitability, no waiver, damages without expert testimony; protection against retaliation
- N.Y. Multiple Dwelling Law § 78 — Repairs (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 78(1) · Checked: October 30, 2026Owner must keep a multiple dwelling and every part of it in good repair
- N.Y. Real Property Actions and Proceedings Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 743; § 755 · Checked: October 30, 2026Defenses and counterclaims in an eviction case; stay of a nonpayment case when ordered repairs aren't made
- Tenants' Rights and Responsibilities (opens in a new tab)NYC Department of Housing Preservation and Development (HPD) · Checked: October 30, 2026NYC repair steps, 311 complaints, HP actions and DHCR complaints
- The ABCs of Housing — Tenants Guide (opens in a new tab)NYC Department of Housing Preservation and Development (HPD) · Checked: October 30, 2026Tenants' duty to give access for repairs; HPD violation classes
- Residential Tenants' Rights Guide (opens in a new tab)Office of the New York State Attorney General · Checked: October 30, 2026Rent reductions, withholding, repair-and-deduct, DHCR complaint timing, duty of repair
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.