New York · Repairs and Unsafe Conditions

Landlord Won't Make Repairs in New York: 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.

Think before you call an inspector.

You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

New York law makes your landlord keep your home fit to live in. This page explains that rule, how to ask for repairs, how code inspections work, and what happens with rent when repairs do not get done. It also covers court options and protection from payback for complaining.

What your landlord has to fix

  1. Every lease in New York, written or spoken, includes the warranty of habitability (a promise that the home is fit to live in). Your landlord must keep your home and the shared areas free of conditions that are dangerous to your life, health or safety. A lease clause that makes you give up this right does not count. The court will not enforce it.

    Sources:
    1. Real Property Law § 235-b(2), New York State Senate (Consolidated Laws). Law.
    2. Warranty of habitability, New York State Attorney General. A government guide.
    Tip.

    Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

    Tip.

    Take photos of each problem, with the date. Take more if it gets worse.

  2. Outside New York City, the state Property Maintenance Code sets the heat rule. The 2025 code took effect December 31, 2025. If your landlord is responsible for heat, it must keep every room used for living, every bathroom and every toilet room at 68°F. That rule runs from September 15 to May 31.

    Sources:
    1. Uniform Code, question 2, New York State Department of State. A government guide.
    2. Section 602.3 Heat supply, New York State Department of State, 2025 Property Maintenance Code of New York State (ICC). An agency rule.

  3. New York City uses its own codes. There the state law for apartment buildings sets a floor of 68°F from 6 a.m. to 10 p.m. when it is below 55°F outside. That floor applies from October 1 to May 31. City rules also require at least 62°F from 10 p.m. to 6 a.m., whatever the temperature outside.

    Sources:
    1. General, question 1, New York State Department of State. A government guide.
    2. Multiple Dwelling Law § 79(1), New York State Senate. Law.
    3. Heat and Hot Water, Night, NYC Department of Housing Preservation and Development. A government guide.

If it is still not fixed

  1. Utilities (water, electric, gas) are different. Say your landlord is supposed to pay a utility bill and does not. If you pay the utility company to keep service on, state law lets you subtract that payment from your next rent. For gas, electric, and steam this works through the Public Service Commission's tenant payment rules.

    Sources:
    1. Our editorial rules.
    2. RPL § 235-a(1), New York State Senate. Law.
    3. Public Service Law § 33(5), New York State Senate. Law.
    Your landlord can take you to court.

    If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.

    From Legal Assistance of Western New York.

  2. If your apartment is rent regulated, you can also ask the state agency DHCR for a rent cut. First write to the landlord. Then file with DHCR. The filing must come at least 10 days and no more than 60 days after you sent that letter.

    Source:
    1. Seeking rent reduction, New York State Attorney General. A government guide.

  3. You can ask a court to order repairs without waiting to be sued. You file a petition in your county, city, district, town, or village justice court. The court can order the landlord to fix code violations or conditions that break the warranty of habitability (your home must be fit to live in). The clerk sends a copy to the local code office.

    Sources:
    1. RPAPL § 797, New York State Senate. Law.
    2. RPAPL § 797-g, New York State Senate. Law.

  4. New York City, and Nassau and Suffolk counties, are not covered by this repair petition law. In New York City you file an HP case in Housing Court instead. In Nassau and Suffolk counties you can still sue for a rent reduction under the warranty of habitability (your home must be fit to live in).

    Sources:
    1. Habitability and Repairs, Seeking Rent Reduction, New York Attorney General. A government guide.
    2. RPAPL § 797, New York State Senate. Law.
    3. Emergency Access and Repairs, New York State Unified Court System. A government guide.
    4. When to Start a HP Proceeding, New York State Unified Court System. A government guide.

  5. Your landlord cannot punish you for complaining in good faith about conditions, calling a code office, or joining a tenant group. Punishment includes an eviction case or a notice to quit (a letter telling you to move out). It also includes not renewing your lease, or a new lease with an unreasonable rent increase. If this happens within 1 year of your complaint, the court assumes your landlord is punishing you for it, unless the landlord proves another reason. This protection does not apply to owner-occupied buildings with fewer than 4 units.

    Source:
    1. RPL § 223-b(1)-(2), New York State Senate (Consolidated Laws). Law.

  6. New York's protection against a landlord punishing you for your complaints does not apply in 2 cases. First, if you, someone in your household, or your guest caused the problem you complained about. Second, if your rental ended under your lease because of a real sale or transfer of the property.

    Source:
    1. RPL § 223-b(6), New York State Senate (Consolidated Laws). Law.

  7. Even if your landlord is retaliating (punishing you for using your legal rights), you still owe any rent you would otherwise owe.

    Source:
    1. RPL § 223-b(4), New York State Senate (Consolidated Laws). Law.

Moving out

  1. Say a fire, storm or other cause you did not create makes the home unfit to live in. State law lets you move out and stop paying rent from that day. A written lease clause can change this. Rent paid in advance is refunded for the days after you leave. Courts also recognize constructive eviction: when conditions get so bad you have to leave, you can end your duty to pay rent. Read the constructive eviction page before you leave.

    Sources:
    1. Seeking rent reduction, New York State Attorney General. A government guide.
    2. Park West Management Corp. v. Mitchell, 47 N.Y.2d 316 (1979), New York Court of Appeals, via Caselaw Access Project. A court decision.
    3. Real Property Law § 227, New York State Senate. Law.
    Your landlord can sue you for the rent.

    If you move out early because of repairs, your landlord can sue you for the rent up to the end of your lease. If the judge rules for your landlord, you can owe that rent. Your proof matters. Get legal help first.

Published by Nazanin, November 11, 2026. Sources checked September 12, 2026. Is something on this page wrong or out of date? Tell us.