Emergency Repair Rights for New York Renters

As a renter in New York, you count on your landlord to keep your home safe and livable. But when emergencies like burst pipes or broken heat happen, fast repairs are crucial. Understanding your rights under New York law can help you act swiftly and correctly in urgent situations, ensuring both your safety and your legal protection.

Understanding What Qualifies as an Emergency Repair

Not all repairs are considered emergencies. In New York, an emergency repair is typically a condition that poses an immediate threat to your health, safety, or makes your home uninhabitable. According to New York Real Property Law § 235-b (Warranty of Habitability), landlords must maintain safe, livable conditions.

• No heat or hot water, especially during winter
• Burst pipes or flooding
• Unsafe electrical conditions or exposed wiring
• Sewage backups
• No working toilet or refrigerator (in some cases)
• Major structural danger (ceiling collapse, broken door locks)

Routine issues like squeaky floors or minor leaks generally aren’t emergencies.

What to Do First: Contact Your Landlord

New York law requires you to immediately notify your landlord or property manager about the problem. Here’s what to do:

• Report the emergency as soon as possible by phone, text, email, or your landlord’s preferred method
• Keep a record of your communication (screenshots, emails, call times)

Landlords are expected to respond and arrange repairs promptly for emergencies. While the law does not specify exact hours, repairs for things like heat or water loss must be addressed rapidly—often within 24 hours.

When Can You Hire a Professional Yourself?

If your landlord does not respond to the emergency within a reasonable amount of time, New York law allows you to arrange for the repairs yourself and deduct the cost from your rent. This is known as the “repair and deduct” remedy. However, this right is only guaranteed for emergencies that threaten health or safety, not for cosmetic or non-essential repairs.

Key Steps Before Calling a Professional

• Make every reasonable effort to reach your landlord, and document your attempts
• Get written estimates for the emergency repair, and keep all receipts
• Use only licensed and insured contractors when possible
• Notify the landlord in writing (if possible) that you are going to hire a professional due to their lack of response
• Only deduct the actual, reasonable cost from your next rent payment

For a step-by-step guide or template, see the official RA-81 Tenant’s Complaint for Uninhabitable Apartment (Form RA-81). This form can be used to file a complaint if repairs are not made.
When to use: If your landlord refuses to make urgent repairs after you notify them, you can file RA-81 with New York State Homes and Community Renewal (HCR). Find official instructions and the downloadable form at the NYS HCR Tenant Complaint page.

If Your Landlord Still Refuses Repairs

If serious issues are not addressed, you have additional legal options:

• File a complaint with New York State Homes and Community Renewal (HCR), which oversees residential tenancies and rent regulations
• Contact your local housing code enforcement office
• Start an HP Action (Housing Part Action) in the NYC Housing Court to force repairs — see NYC Housing Court information

Don’t withhold rent without legal advice; improper withholding may result in eviction proceedings.

Relevant Tenancy Legislation and Resources

• New York Real Property Law § 235-b: Warranty of Habitability
• RA-81 Tenant’s Complaint for Uninhabitable Apartment (PDF)
• File a complaint with NYS HCR
• NYC Housing Court for Housing Part (HP) Actions

Knowing these law-backed options ensures you can act confidently during housing emergencies.

Frequently Asked Questions

1. What qualifies as an emergency repair in New York?
   Any issue that threatens health, safety, or makes the apartment unlivable, such as loss of heat, water, major plumbing leaks, or exposed electrical wiring, is considered an emergency.
2. How long must a landlord take to fix an emergency repair?
   While the law does not set an exact time, landlords must act promptly—often within 24 hours for heat, water, or major hazards.
3. Can I deduct emergency repair costs from my rent?
   Yes, but only if the repair is truly an emergency, the landlord fails to respond, and you follow proper steps (document everything, use licensed contractors, and deduct only reasonable costs).
4. What forms do I use to file a formal complaint?
   You can file Form RA-81 with the New York State Homes and Community Renewal if your landlord fails to resolve an uninhabitable condition.
5. Is there a government body that handles tenant complaints in New York?
   Yes, the New York State Homes and Community Renewal (HCR) manages tenant complaints about uninhabitable conditions and can provide support.

Key Takeaways for Renters

• Notify your landlord immediately about emergency repairs and keep all records.
• If the landlord fails to act quickly, you may make emergency repairs yourself and deduct the reasonable cost from your rent—documenting every step.
• For ongoing problems, file Form RA-81 or pursue Housing Court options to enforce your rights.

By knowing these crucial steps and your legal protections, you can respond safely and effectively to any housing emergency in New York.

Need Help? Resources for Renters

• New York State Homes and Community Renewal (HCR) – File complaints, get forms, and review tenant rights.
• NYS HCR Renter Protections – Statewide information on tenant protections, forms, and emergency procedures.
• NYC Housing Court – Information on Housing Part (HP) Actions to compel repairs in NYC.
• NYC HPD Code Enforcement – Report code violations in New York City.

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1. New York Real Property Law § 235-b (Warranty of Habitability)
2. New York State Homes and Community Renewal (HCR) – Official rent regulation and complaint tribunal
3. Form RA-81: Tenant’s Complaint of Uninhabitable Apartment
4. NYC Housing Court: HP Actions

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