Landlord Won't Make Repairs in New York City: What Can I Do?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in New York City.
For New York City, New York. Change
- United States
- Los Angeles
- Chicago
- Boston
- Las Vegas
- Albuquerque
- Philadelphia
- Pittsburgh
- Austin
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, DC
- West Virginia
- Wisconsin
- Wyoming
- Seattle
New York law says your home must be safe and livable. Your landlord must fix problems and keep heat and hot water on. This guide shows the NYC heat and hot water rules and how to build a paper trail. It explains how to push for repairs through 311 or housing court, and the risks of holding back rent. For more state repair rules, see the New York state guide.
-
Every rental in New York comes with the right to a home that is fit to live in, safe, and clean. Lawyers call this the warranty of habitability (a promise that your home is fit to live in). It applies even if your lease does not mention it. It applies to written and spoken leases.
-
Your landlord must keep your apartment and the building's shared areas in good repair. The building must be clean and free of pests like mice and roaches. The landlord must keep plumbing, heat, electric, and landlord owned appliances working.
-
Heat season in NYC runs October 1 to May 31. If it is below 55 degrees outside, your apartment must be at least 68 degrees from 6am to 10pm. From 10pm to 6am, it must be at least 62 degrees. This is true no matter how cold it is outside.
-
You must have hot water every day of the year, 24 hours a day. The hot water must be at least 120 degrees.
-
Start a paper trail. First tell the landlord, agent, or super about the problem. Then write a letter listing the problems and a deadline to fix them. Send it by certified mail and keep a copy. Keep notes of every call and visit. Save texts and emails as well; they are also a record of what you sent.
-
If the landlord ignores you, file a complaint with the city. Call 311, or go to nyc.gov/311. For no heat or hot water, call 311 right away. HPD can send someone to look at your home. HPD can also give the landlord a violation. One caution from legal aid: for very bad problems, an inspector can condemn the home. Then everyone must leave.
-
You can also sue your landlord in housing court to force repairs. This case is called an HP action. A judge can order the landlord to fix the violations. You do not need a lawyer to start one. Ask the housing court clerk to help you file.
-
If your apartment is rent stabilized (limits rent increases) or rent controlled, you can also complain to the state housing agency, DHCR. Call 718-739-6400. DHCR can cut your rent until the landlord fixes the problem.
-
You can sue for a rent cut when the landlord fails to keep your home fit to live in. You get this money only if you win your case and your landlord pays. You can also hold back rent, but that has risk. The landlord may sue you for not paying rent. In that case you can fight back in court using the bad conditions as your defense.
-
In urgent cases you can pay for a needed repair yourself and subtract the cost from your rent. Example: the landlord knows your door lock is broken and still will not fix it. Keep every receipt. Keep copies of every message with the landlord about the repair.
-
Where to get help: call 311 and ask for the Tenant Helpline. NYC renters get free legal advice there about repairs and housing court.
-
If your landlord sues to evict you after you hold back rent, you can get a free lawyer through NYC's Right to Counsel program. Call 311 and ask for the Right to Counsel. It is free in every ZIP code, no matter your immigration status.
Is something on this page wrong or out of date? Tell us.
Did this page help?
Thank you for telling us.