Landlord repairs in New York

Every written or oral residential lease includes a warranty that the unit and common areas are fit for human habitation and that tenants will not face conditions dangerous, hazardous or detrimental to life, health or safety. Tenants cannot waive it. Conditions caused by the tenant or people under the tenant's control are not a breach. (N.Y. Real Prop. Law § 235-b)

New York law names these:

• (multiple dwellings) apartments and public areas in good repair, clean and free of vermin and garbage
• electrical, plumbing, sanitary, heating and ventilating systems and landlord-installed appliances in good and safe working order
• heat October 1–May 31: at least 68°F from 6 a.m. to 10 p.m. when outdoors is below 55°F, and at least 55°F from 10 p.m. to 6 a.m. when outdoors is below 40°F (state minimum)
• hot and cold water
• smoke detectors within 10 feet of each sleeping room
• carbon monoxide alarms
• self-closing, self-locking entrance doors and intercom (buildings built or converted after Jan. 1, 1968; intercom if 8+ units)
• lighting in entrances, stairways and yards

RPL § 235-b does not set a notice form; for a rent reduction the landlord must have actual or constructive notice of the condition. Rent-regulated tenants must notify the landlord in writing before filing a DHCR rent-reduction complaint, which may be filed 10 to 60 days after that notice. (NY Attorney General, Residential Tenants' Rights Guide (Habitability and Repairs))

State law sets no fixed number of days; the Attorney General's guide says repairs must be made within a reasonable time that may vary depending on the severity of the repairs.

Law: NY Attorney General, Residential Tenants' Rights Guide (Landlord's Duty of Repair)

Allowed with limits. No statute provides it. The Attorney General's guide says that in extenuating circumstances tenants may make necessary repairs and deduct reasonable costs from rent, for example hiring a locksmith after the landlord was notified of a broken door lock and willfully failed to fix it. Tenants should keep receipts and copies of all communications.

Law:

NY Attorney General, Residential Tenants' Rights Guide (Seeking Rent Reduction)

Allowed with limits. No statute authorizes withholding, but the Attorney General's guide says a tenant may withhold rent; the landlord may then sue for nonpayment and the tenant may counterclaim for breach of the warranty of habitability. A court (or DHCR for rent-regulated units) may reduce rent by the value of the missing services. In a nonpayment case the court may stay the case for dangerous conditions or code violations if the tenant deposits the rent with the court clerk (RPAPL § 755).

Law:

N.Y. Real Prop. Law § 235-b; RPAPL § 755

In a nonpayment eviction or rent suit, if a code agency has ordered repairs or the court finds a condition that is dangerous to life, health or safety or partly evicts the tenant, the court may stay the case. The tenant must deposit the rent due with the court clerk and keep depositing within 5 days of each due date. The court may release deposits to contractors or a city agency for repairs, and pays the balance to the landlord once the violation is fixed. No stay if the tenant caused the condition. (RPAPL § 755)

Allowed with limits. The statutes do not give a general right to end the lease for unrepaired conditions. If the unit becomes uninhabitable from fire or other damage the tenant did not cause, and the lease does not say otherwise, the tenant may move out and cancel the lease, owe no further rent, and get back prepaid rent and the deposit.

Law:

N.Y. Real Prop. Law § 227

Lawsuit or counterclaim for rent reduction under RPL § 235-b (no expert testimony required). Rent-regulated tenants may file a rent-reduction complaint with DHCR. Outside New York City and Nassau/Suffolk, tenants who have lived in the unit at least 30 days may file an RPAPL Article 7-D petition in county, city, district, town or village court for an order directing repairs, money back for rent paid while conditions existed, and a rent reduction until repairs are made. In NYC, tenants can bring an HP action in Housing Court without a lawyer.

Landlords may not retaliate against tenants for good-faith complaints to the landlord or a government agency about health and safety violations, habitability or repairs, lease rights, or rent gouging, or for joining a tenant organization. If within one year of the complaint the landlord substantially changes the lease terms (including refusing to renew or offering a renewal with an unreasonable increase) or starts an eviction, retaliation is presumed and the landlord must prove a non-retaliatory reason. Tenants may recover damages. Does not apply to owner-occupied buildings with fewer than four units. (N.Y. Real Prop. Law § 223-b)

The Attorney General's guide tells tenants to bring repair complaints to their local housing officials (Multiple Dwelling Law §§ 78, 80; Multiple Residence Law § 174); in New York City that is HPD.

• New York City: HPD enforces the Housing Maintenance Code: hot water at a constant 120°F year-round; heat Oct. 1–May 31 at 68°F indoors from 6 a.m. to 10 p.m. when outdoors is below 55°F and 62°F overnight regardless of outdoor temperature. Tenants can file an HP action in Housing Court to force repairs and essential services.

• The Multiple Dwelling Law applies in cities of 325,000 or more; the Multiple Residence Law applies in smaller cities and all towns and villages.
• RPAPL Article 7-C provides a special proceeding for tenants to have rents deposited with the court and used to remedy conditions dangerous to life, health or safety.
• Landlords may charge tenants up to $10 per battery-operated smoke detector, and the landlord must replace detectors that fail in the first year through no fault of the tenant.

• New York repair request letter (free, runs in your browser)
• Breaking a lease in New York: notice periods and early-termination rights
• New York eviction notice rules: what a notice for unpaid rent requires

• N.Y. Real Prop. Law § 235-b (Warranty of habitability) Retrieved October 14, 2026.
• N.Y. RPAPL § 755 (Stay upon failure to make repairs) Retrieved October 14, 2026.
• N.Y. RPAPL Article 7-D (Judgment directing repairs), § 797 Retrieved October 14, 2026.
• NY Attorney General, Residential Tenants' Rights Guide Retrieved October 14, 2026.
• Legal Assistance of Western New York, General Information for Filing an Article 7-D Petition Retrieved October 14, 2026.
• NYC HPD, Heat and Hot Water Retrieved October 14, 2026.
• NYC HPD, Housing Court (HP actions) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.