Repairs and Habitability in New York City
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 exact rules, how to build a paper trail, and how to force repairs through 311 or housing court.
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Every rental in New York comes with the right to a livable, safe, and clean home. Lawyers call this the warranty of habitability. It applies even if your lease does not mention it. It applies to written and spoken leases.
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Your landlord must keep your apartment and the building's shared areas in good repair. The building must be clean and free of vermin like mice and roaches. The landlord must keep plumbing, heat, electric, and landlord owned appliances working.
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Heat season in NYC runs October 1 to May 31. On days below 55 degrees outside, your apartment must reach at least 68 degrees from 6am to 10pm. At night, from 10pm to 6am, it must reach at least 62 degrees no matter the outside temperature.
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You must have hot water every day of the year, 24 hours a day. The hot water must be at least 120 degrees.
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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.
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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 inspect and issue violations against the landlord.
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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.
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If your apartment is rent stabilized 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.
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You can sue for a rent cut when the landlord fails to keep your home livable. You can also hold back rent, but that has risk. The landlord may sue you for nonpayment. In that case you can fight back in court using the bad conditions as your defense.
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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.
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Where to get help: call 311 and ask for the Tenant Helpline. NYC renters get free legal advice there about repairs and housing court.
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If your landlord sues to evict you after you withhold 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.
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If bad conditions force sudden costs you cannot cover, you can apply for a One Shot Deal emergency grant from NYC HRA. It can help after a fire, a shutoff notice, or another emergency. Apply on ACCESS HRA or call 718-557-1399.
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Free legal aid groups across New York can take repair cases if you qualify. Check lawhelp.org to find one near you.
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