Rent Escrow and Withholding Rent for Repairs in New York

If you’re a renter in New York, you have the right to live in a safe, healthy, and well-maintained home. When landlords fail to make essential repairs—such as fixing heating, plumbing, or serious leaks—state law protects your right to respond. Two options renters may have are withholding rent or starting a rent escrow process. On this page, you’ll learn what steps to take, including when and how to use official forms, and how to stay on the right side of New York's landlord-tenant laws.

Understanding Your Right to a Habitable Home

New York law requires landlords to keep rental properties in safe, livable condition. This is known as the "warranty of habitability." If your landlord doesn’t make timely repairs affecting health or safety, you may have legal options to address the problem, including rent escrow and rent withholding. To act confidently, it’s important to understand your rights under the New York State Real Property Law § 235-b (Warranty of Habitability).^[1]

When Can You Withhold Rent or Start a Rent Escrow in NY?

You may consider withholding rent or seeking a court-ordered rent escrow if:

• Your landlord fails to fix serious repair issues (such as no heat, water leaks, unsafe wiring, pest infestation, or broken locks).
• You've already notified the landlord about the repairs, preferably in writing.
• The problem makes your home unsafe or unlivable.

It’s crucial to follow the correct steps, as improper withholding of rent could result in eviction proceedings. Documentation is key.

The Rent Escrow Process in New York

Rent escrow is a legal action where a renter asks the court to hold their rent until necessary repairs are made. This process is usually initiated by filing a "HP action" in Housing Court.

What is an HP Action?

An HP Action, or "Housing Part" action, lets tenants request that a court order their landlord to make essential repairs and may include asking the court to allow placing rent into escrow. The case is heard at the New York City Housing Court for NYC renters or your local city/town court elsewhere in the state.

Key Steps for Renters

• Document the problem: Take photos, save communication with your landlord, and keep records of complaints.
• Notify your landlord: Send written notice describing what needs repair and allow reasonable time for response.
• If repairs aren’t made: File an HP Action using the official form (see below).
• Go to court: A judge will hear your case and may order repairs and/or set up rent escrow.

Withholding Rent – Be Careful

Withholding rent without using the courts is risky. Even with good reason, your landlord may take you to eviction court for non-payment. Always keep proof of the conditions and your efforts to resolve them. If possible, consider making payments to an escrow account (with the court’s approval) rather than simply stopping payments.

Tip: Never spend withheld rent money. If the court rules against you, you must be able to pay the full amount back to your landlord.

Official Forms and How to Use Them

Below are the main forms you may need when pursuing rent escrow or repairs:

• "HP Action Petition" (NYC Housing Court)
  - When to use: If you live in New York City and want to ask the court to order repairs or allow your rent to be paid into escrow.
  - What it does: Opens a case against your landlord for conditions that violate the housing code.
  - Where to get it: Download the form and instructions from the NYC Housing Court - HP Petition Form.
  
• "Order to Show Cause"
  - When to use: If urgent repairs are needed or you need the judge to take quick action (for example, in the middle of a non-payment case).
  - What it does: Requests the court to intervene on an emergency basis.
  - Where to get it: Ask the court clerk or visit the NYC Housing Court - Order to Show Cause.
  
• "Tenant’s Complaint of Housing Code Violations" (for tenants outside NYC)
  - When to use: For renters outside NYC, file a complaint in your local city, town, or village court.
  - What it does: Notifies the court and landlord of repair violations and requests intervention.
  - Where to get it: Contact your local court; guidance is available via the NY Court Help - Repair Issues resource.
  

How to File a Rent Escrow (HP Action) in New York

The steps below outline what NYC tenants typically do to get repairs or start rent escrow. Steps for tenants outside NYC are similar but handled in local housing courts. For details outside NYC, visit NY Courts: Problems with Housing.

• Gather proof of the repair problem (photos, written notices, correspondence).
• Fill out the "HP Petition" and attach available documentation.
• File the HP Petition at Housing Court or your local city/town court.
• Attend your court date and explain the issue to the judge.
• If repairs are ordered or rent escrow is approved, follow court instructions on how to pay withheld rent.

The entire process is overseen by the New York City Housing Court (for NYC). Outside NYC, look for your city, town, or village court details at the New York State Unified Court System.^[2]

FAQ: Rent Escrow and Withholding Rent for Repairs in NY

1. Do I need to notify my landlord before starting a rent escrow?
   Yes. Always give your landlord written notice of any repair issues and allow a reasonable time for them to fix the problem before pursuing legal action or withholding rent.
2. Is rent escrow available everywhere in New York State?
   Rent escrow and HP Actions are well-established in New York City. Outside NYC, similar procedures are handled by local courts; processes and forms may differ, so check with your local court.
3. What happens if I withhold rent incorrectly?
   If you withhold rent without following proper procedure, your landlord can begin eviction proceedings for nonpayment. You must be ready to prove that repairs were urgent and that you provided proper notice.
4. How long does it take to resolve a rent escrow or HP action?
   The timeline varies but generally depends on court schedules and the urgency of repairs. Emergency issues may receive faster attention.
5. Are there costs involved in filing an HP Action?
   There may be small filing fees, but fee waivers are available for qualifying renters. Ask the court clerk about fee waiver forms if you cannot afford payment.

Key Takeaways

• New York renters have strong rights to a habitable apartment under state law.
• Start by notifying your landlord in writing and carefully document all issues.
• Use the HP Action process or rent escrow with official court forms if repairs aren’t completed.
• Seek advice from local legal aid groups or housing counselors before withholding rent or taking legal action.

Need Help? Resources for Renters

• New York City Housing Court
• NY Court Help: Problems with Housing – Statewide guidance for tenants
• NYS Homes and Community Renewal (HCR) – Rent regulation and tenant rights info
• LawHelpNY - Tenant Help Directory
• Local legal aid organizations in your county or borough

---

1. New York State Real Property Law § 235-b (Warranty of Habitability)
2. New York City Housing Court (part of NY State Unified Court System)

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