Landlord Won't Make Repairs in New York: What Can I Do?
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.
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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.
New York State Senate (Consolidated Laws) Real Property Law § 235-b(2) New York State Attorney General Warranty of habitability✓ Sources checked September 12, 2026
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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.
New York State Department of State Uniform Code, question 2 New York State Department of State, 2025 Property Maintenance Code of New York State (ICC) Section 602.3 Heat supply✓ Sources checked September 22, 2026
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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.
New York State Department of State General, question 1 New York State Senate Multiple Dwelling Law § 79(1) NYC Department of Housing Preservation and Development Heat and Hot Water, Night✓ Sources checked September 22, 2026
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Tell your landlord about the problem first. If it is not fixed quickly, ask again in writing and keep a copy. Write the date, the problem, and where it is. A court or the state housing agency will only cut your rent if the landlord knew about the condition. Keep copies of every message and every receipt.
New York State Attorney General Seeking rent reduction Legal Assistance of Western New York What can I do if I believe the Warranty of Habitability has been breached?✓ Sources checked September 21, 2026
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You can ask your city, town or village code office for an inspection. Every local government enforces the state building and property maintenance codes in its area. In New York City call 311 to ask for an inspection. One caution from legal aid: for very bad conditions, a code office can condemn the home and make everyone leave.
New York State Attorney General Landlord's duty of repair New York State Department of State General, question 3 Legal Assistance of Western New York Should I call code enforcement New York City Department of Housing Preservation and Development The ABCs of Housing, Conditions✓ Sources checked September 23, 2026
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If you can afford it, you can pay a private home inspector to check the problems. This can be expensive. Their written report and photos can help show the conditions in court. A private inspector only documents the problems for you. To find one near you, search for "home inspector" or "rental inspection" with your city's name.
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No New York law gives you a set right to stop paying rent while repairs wait. The Attorney General says you may withhold rent, but your landlord can then sue you for nonpayment. In that case you raise the bad conditions as a defense and ask the court to cut the rent. Save the full rent in a separate account so you can pay what the court says you owe. If you get a housing subsidy, ask a lawyer first: withholding can put your subsidy at risk.
New York State Attorney General Seeking rent reduction Legal Assistance of Western New York What if I live in subsidized housing New York State Unified Court System, CourtHelp Defenses to a Nonpayment Case✓ Sources checked September 8, 2026
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No statewide statute sets a repair-and-deduct right (paying for a repair yourself and taking the cost off the rent). The Attorney General says you may do it only in extreme cases, after the landlord was told and refused. Example: a broken door lock the landlord will not fix. The repair must be needed and the cost must be reasonable. Keep the receipts. A court can later decide the condition was not serious enough or the cost was too high, and then you owe that rent.
New York State Attorney General Seeking rent reduction Legal Assistance of Western New York How is repairing and deducting different from withholding rent? The Legal Aid Society (New York City) Can I use the rent money to repair my apartment or building?✓ Sources checked September 21, 2026
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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 checked September 22, 2026
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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.
✓ Sources checked September 22, 2026
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You can ask a court to order repairs without waiting to be sued. You file a petition in your county, city, district or town or village justice court. The court can order the landlord to fix code violations or conditions that break the warranty of habitability. The clerk sends a copy to the local code office.
✓ Sources checked September 22, 2026
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This repair petition law does not cover New York City or Nassau and Suffolk counties. 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.
New York State Attorney General Habitability and Repairs, Seeking Rent Reduction New York State Senate RPAPL § 797 New York State Unified Court System Emergency Access and Repairs New York State Unified Court System When to Start a HP Proceeding✓ Sources checked September 22, 2026
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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 treats it as payback unless the landlord proves another reason. This protection does not apply to owner-occupied buildings with fewer than 4 units.
✓ Sources checked September 23, 2026
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New York's protection against landlord payback 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 tenancy ended under your lease because of a genuine sale or transfer of the property.
✓ Sources checked September 23, 2026
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Even if your landlord is retaliating, you still owe any rent you would otherwise owe.
✓ Sources checked September 23, 2026
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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. Moving out carries risk if a court later disagrees. Read the constructive eviction page before you leave.
New York State Attorney General Seeking rent reduction New York Court of Appeals, via Caselaw Access Project Park West Management Corp. v. Mitchell, 47 N.Y.2d 316 (1979) New York State Senate Real Property Law § 227✓ Sources checked September 12, 2026
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