New York Landlord Repair Responsibilities Explained

Renters in New York have legal rights when it comes to repairs and maintenance. Understanding what your landlord must fix—and how to act if they don't—can help you live comfortably and safely in your home. This guide explains the essentials of landlord repair responsibilities under New York law, what to expect, and how to get help if you face problems with your rental's condition.

What Landlords Must Repair Under New York Law

New York landlords are required by state law to keep rental properties in a safe and livable condition. This is called the "warranty of habitability"—a legal guarantee that your rental will meet health and safety standards.

• Landlords must fix serious problems that affect health or safety, such as broken heat, plumbing leaks, mold, or pest infestations.
• Common repair duties include providing adequate heat and hot water, proper locks, safe electrical and plumbing systems, and a structurally sound building.
• Landlords are also responsible for correcting code violations noted by the local housing department.

These obligations can be found in New York Real Property Law, Section 235-b: Warranty of Habitability.^[1]

Reporting Repairs: How to Request Fixes from Your Landlord

If you have a repair issue, act quickly and keep a written record. Here’s what you should do:

• Contact your landlord or property manager in writing (email, certified letter, or text) describing the problem and asking for repairs.
• Keep copies of all communication and take dated photos if possible.
• If there is no response or the repair is not made in a reasonable time, you have additional options (see below).

When Landlords Fail to Make Repairs: Your Options

New York renters can take certain actions if a landlord does not fix issues that make a rental unsafe or unlivable:

• File a complaint with your local housing code enforcement office or the NYC 311 if you live in New York City.
• Start an HP Action in Housing Court: A legal process where tenants can ask a judge to order repairs.
• Withhold rent: In some cases, you may be allowed to withhold rent until repairs are made—but this has risks. It's smart to get legal help first.

For serious issues that are not being addressed, renters can use official complaint and court forms.

Official Forms to Protect Your Rights

• HP Action Petition (New York City Housing Court Form)
  When to use: If your landlord won't fix critical conditions like lack of heat, water, pests, or mold, you can file an HP Action to ask the court to order repairs.
  How to use: File the HP Action Petition in Housing Court, either personally or online.
  Where to find: NYC Housing Court official repair page
• 311 Complaint (NYC only)
  When to use: If you live in NYC and have unsafe conditions like no heat, broken pipes, or pests.
  How to use: File online at NYC 311 Online or call 311. An inspector will investigate.

The Tribunal Handling Tenant Complaints

Residential tenancy disputes—including repair orders—are handled by the New York City Housing Court and local housing courts statewide. They process HP Actions (repair requests), code violation complaints, and habitability disputes.

Tip: Always communicate repair needs in writing and save copies. This helps protect your rights if you need to take further action.

FAQ: New York Renters and Repairs

1. What repairs is my landlord required to make in New York?
   Landlords must keep rentals safe and livable—fixing heat, hot water, leaks, mold, pests, and ensuring you have basic security and building safety.
2. How long does my landlord have to make repairs?
   There is no set statewide deadline, but urgent repairs (like no heat in winter) must be addressed immediately. Less serious issues should be fixed within a reasonable time, usually a few days to two weeks.
3. Can I withhold rent if repairs aren’t made?
   Rent withholding is legally allowed in some cases, but it’s risky. You may face eviction, so always consult with free legal services first.
4. How do I file an HP Action in New York?
   Fill out the HP Action Petition and file it at your local Housing Court or online. Bring copies of your repair requests, photos, and related documents.
5. Where can I get help if my landlord refuses to make repairs?
   You can contact local housing code enforcement, NYC 311, or free legal aid organizations for advice and assistance.

Key Takeaways for New York Renters

• Landlords must keep your rental habitable and address major repairs promptly.
• Document all communications and issues in writing for your protection.
• If repairs aren’t made, you can file complaints or take your case to housing court using official forms.

Understanding these steps puts you in a better position to ensure your home remains safe and comfortable.

Need Help? Resources for Renters

• New York City Housing Court – File HP Actions, find forms, and explore your rights.
• NYC 311 – Report hazardous conditions and request inspections.
• NY State Division of Housing and Community Renewal – Tenant Resources – Find brochures, complaint forms, and information on rental laws.
• LawHelpNY – Tenant Rights and Repairs – Get plain language guides and legal aid referrals for tenants in New York.

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1. New York Real Property Law Section 235-b (Warranty of Habitability)
2. New York City Housing Court
3. New York State Division of Housing and Community Renewal – Tenants' Rights

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