How to File a Repair Request That Works in New York

Facing a repair issue in your New York rental? State law gives renters the right to a safe, well-maintained home. Whether it's a broken heater in winter or leaky plumbing, knowing how to file a strong repair request can make the difference. This guide explains your repair rights, how to formally notify your landlord, and key steps to escalate if repairs aren't promptly made under New York Real Property Law Section 235-b: Warranty of Habitability.

Understanding Your Repair Rights as a New York Renter

In New York, landlords are legally required to keep your home safe, sanitary, and livable. This is called the Warranty of Habitability. Common problems that should be fixed include:

• No heat in winter
• Leaking roofs or pipes
• Mold, pests, or rodents
• Broken locks, windows, or doors

Landlords cannot ask tenants to waive these rights, and retaliation for requesting repairs is illegal.

How to File an Effective Repair Request

Start with a written request to your landlord or property manager. Written records build a clear, official timeline of your repair needs.

Information to Include in Your Request

• Your name, address, and unit number
• Details of the problem (what, where, and when it started)
• Photos or videos, if possible
• Reasonable deadline for repairs (e.g., within 7-14 days)

Keep copies of all messages, emails, or letters. If you talk by phone, follow up with a written summary.

What If Your Landlord Doesn’t Fix the Problem?

If your reasonable written request is ignored, New York offers several official paths to pursue repairs:

Step 1: File an Official Complaint

• New York City: Tenants can file a repair complaint with the Department of Housing Preservation and Development (HPD) using the online form, by calling 311, or through HPD offices.
• Rest of New York State: File a complaint with your local health or building department. This may vary by county or municipality. Check with your local code enforcement office for instructions.

Step 2: Start an HP Action in Housing Court (NYC only)

If you live in New York City and other solutions fail, you can begin a legal process called an HP Action to ask a judge to order repairs.

• Form: HP Petition (No number; specific to NYC Housing Court)
• Use: File this petition in Housing Court to seek an order for your landlord to make repairs.
• Where to File: The Housing Court Clerk’s Office. Learn more on the New York City Housing Court's official guide to HP Actions.

Example: If urgent repairs to your heating system aren’t made after written notice, you can use an HP Action to require landlord compliance.

Step 3: Withhold Rent or Make Repairs (With Caution)

• New York law sometimes allows you to withhold rent until repairs are made, or "repair and deduct" (pay for repairs and subtract cost from rent). These are risky steps: consult free legal help before acting.
• If you go this route, always keep detailed records and receipts.

Key Official Bodies and Legislation

• Tribunal/Board: New York City Housing Court (for NYC disputes and HP Actions).
• Rental rights statewide are protected under the New York Real Property Law Section 235-b.
• NYC tenants can learn more about procedures at the HPD Tenant Rights portal.

Important Forms for Repair Requests and Complaints

• HP Action Petition (NYC): Used to ask Housing Court to order repairs. Download and instructions: NYC Housing Court HP Action Forms.
• 311 Online Repair Request (NYC): Use the 311 portal for official HPD complaints about heat, hot water, or maintenance issues.

Outside NYC, ask your local code enforcement office if they have an official repair complaint form, as procedures vary.

Frequently Asked Questions

1. How long does my landlord have to make repairs in New York?
   Landlords must address repairs within a "reasonable" time. Urgent issues (like no heat) should be fixed within 24 hours, while less urgent repairs may take up to two weeks.
2. Can I withhold rent until repairs are done?
   New York tenants may sometimes withhold rent, but this is risky and could lead to eviction. Always get legal advice before taking this step.
3. What if my health or safety is at risk due to an unresolved repair?
   You can contact HPD (NYC) or your local code enforcement for emergency help. File an HP Action in Housing Court if conditions remain unsafe.
4. Do I have to let my landlord in for repairs?
   Yes, tenants must provide reasonable access for necessary repairs. Landlords must give proper advance notice except for true emergencies.
5. Where can I find the official forms to request repairs or start an HP Action?
   NYC tenants can access HP Action forms from the NYC Housing Court website and report repair issues via 311 Online.

Summary and Key Takeaways

• Put all repair requests to your landlord in writing and keep records.
• Escalate through HPD, Housing Court, or local code offices if repairs aren't made.
• Use official forms and seek free legal help before withholding rent or taking further action.

Knowing your repair rights helps you maintain a safe and comfortable home.

Need Help? Resources for Renters

• NYC HPD Tenant Rights and Complaints
• NYC Housing Court Information and Forms
• LawHelpNY – Find free legal help for New York renters
• NYC HOPE: Housing Resources
• For renters outside NYC, contact your local municipal code enforcement office

---

1. New York Real Property Law Section 235-b: Warranty of Habitability
2. NYC HPD - Tenant Rights
3. New York City Housing Court
4. NYC Housing Court HP Action Forms
5. 311 Online Portal (NYC)
6. NY Department of State – Code Enforcement Offices

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations