Demanding Repairs Before Moving In: NY Renters’ Rights

Moving into a new rental in New York should be exciting, not stressful. But what if you discover issues—like broken appliances, leaks, or unsafe wiring—before you’ve even unpacked? As a New York renter, you have the right to a safe and livable home from day one. Here’s how you can properly request repairs before moving in, including how to document your request and what to do if the repairs aren’t completed.

Understanding Your Rights as a New York Renter

Under New York’s Warranty of Habitability law, landlords must provide rental homes that are safe, clean, and free from dangerous conditions. This applies to all residential leases—even before you officially move in.^[1]

• What’s covered? Issues that affect health and safety (e.g., mold, broken locks, plumbing problems, pests).
• What’s not covered? Minor cosmetic issues (like scuffed paint) generally don’t qualify unless they impact habitability.

Inspecting Your Rental Before Move-In

It’s a good idea to walk through the rental with your landlord or property manager, using an inspection checklist. This helps document the property’s condition and highlights anything needing repair. While New York does not require a specific state-mandated move-in checklist, many renters use simple, written lists or take dated photos as evidence.

How to Request Repairs: Step by Step

Follow these steps if you find issues that need to be addressed before you move in:

• Document the Issues: Take clear photos or videos and note the date.
• Notify Your Landlord in Writing: Send a written request describing each issue that needs fixing. Keep a copy for your records.
• Request a Timeline: Ask when repairs will be completed and confirm that the work will be done before your move-in date.
• Confirm Repairs Are Made: Before signing a lease or paying deposit, confirm that the repairs you’ve requested have been finished satisfactorily.

Which Forms Do You Use?

• General Repair Request Letter: While New York State does not require an official form for pre-move-in repairs, you should use a dated and signed written request outlining the problems. You can refer to the NY Homes and Community Renewal Tenant Rights Guide for examples of issues to list.^[2]
• HP Action (Housing Part Action) Form: If your landlord does not respond, renters in New York City can file an "HP Action" in Housing Court to force repairs. Use the HP Action Petition (No specific number; available from NYC Housing Court). For a pre-move-in dispute, showing that you have not yet taken possession is important—only current or soon-to-be tenants may file.^[3]

Other areas in New York State may have different local housing courts or agencies. Always check with your local office.

What If Repairs Aren’t Made Before Move-In?

If your landlord refuses to address serious problems after you’ve requested repairs in writing:

• Do not pay all or any of your rent/deposit until issues are fixed, unless you have clear written promises or legal advice.
• Consider contacting the local code enforcement office (city or county)—they can inspect the property and enforce repairs.
• If you’re in New York City, the NYC Department of Housing Preservation and Development (HPD) can investigate and order emergency repairs.^[4]
• Outside NYC, reach out to your town or city’s housing office for help.

Understanding New York Housing Tribunals

Repair disputes in New York are usually handled through local Housing Courts. In New York City, that’s the New York City Housing Court. For renters outside NYC, cases may be addressed at the County or City Court level, depending on where you live.^[5]

Summary: Steps to Demand Repairs Before Move-In

• Inspect your rental and document any problems.
• Notify your landlord in writing, clearly requesting needed repairs.
• Follow up for confirmation and a repair date before moving in.
• If necessary, seek help from local housing officials or file an HP Action.

Frequently Asked Questions (FAQs)

1. Do landlords have to repair everything before I move in?
   Landlords must address issues that affect safety, sanitation, and habitability—but they aren’t required to fix cosmetic details unless those impact your ability to live safely in the home.
2. Can I hold back my security deposit if repairs aren’t made?
   No, you cannot withhold your deposit without legal grounds. Instead, formally request repairs in writing first, and only withhold payments after consulting with legal services or getting a court order.
3. What if my landlord ignores my pre-move-in repair request?
   If your landlord does not respond, you can contact local code enforcement or, in NYC, file an HP Action with Housing Court to require repairs before you take possession.
4. Do I have to accept the rental if repairs aren’t complete?
   No—ask for completion of all critical repairs before you sign the lease or pay the deposit, or seek another rental if possible.
5. Where can I find an official guide to my rights?
   The New York State Tenants’ Rights Guide explains your rights and the landlord’s duties in plain language.

Need Help? Resources for New York Renters

• New York State Homes and Community Renewal: Renters Hub
• NYC Department of Housing Preservation and Development (HPD) (for New York City renters)
• NYC Housing Court – File an HP Action if located in NYC
• 311 NYC: Report Unsafe Conditions
• NYS Tenant Rights Guide (PDF)
• Outside NYC: Contact your town or city code enforcement office for housing code violations enforcement.

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1. New York Real Property Law § 235-B: Warranty of Habitability
2. NYS Homes and Community Renewal Tenant Rights Guide (2023)
3. NYC Housing Court HP Action Forms
4. NYC Department of Housing Preservation and Development (HPD)
5. New York City Housing Court

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