Tenant Rights During Repairs in New York

Building repairs are a routine part of renting, but they shouldn't undermine a tenant’s right to a safe and livable home. In New York, state law requires landlords to maintain rental units in good repair. This article explains what renters should know if repairs impact their home—covering your rights, official forms, and what to do if disruptions become more than a nuisance.

Your Right to a Safe and Habitable Home

New York law requires landlords to keep rental units habitable. This means your unit should be safe, have working heat and water, and be reasonably free from leaks or hazards. These protections come from the New York Real Property Law Section 235-B (Warranty of Habitability) and are enforced regardless of whether the landlord is making repairs or renovations.^[1]

Tenant Protections During Building Repairs

Repairs may be loud or inconvenient, but certain protections apply so renters are not unduly burdened:

• Advance Notice: Landlords must give you reasonable notice (customarily 24 hours) before entering for repairs, except in emergencies.
• Essential Services: Your landlord cannot withhold essential services—like water, heat, electricity, or gas—even during repairs.
• Right to Quiet Enjoyment: Repairs should not disrupt your daily life unreasonably. Excessive dust, noise beyond daytime hours, or unsafe work conditions may violate your rights.
• Alternative Accommodations: If repairs make your apartment completely unlivable, you may be entitled to a rent reduction or, in rare cases, temporary hotel accommodations. Always document conditions with photos and written communication.

What if Repairs Make My Apartment Unlivable?

If you cannot safely use your apartment (for example, no water or major construction blocking rooms):

• Notify your landlord in writing about the issue.
• You may be eligible for a rent abatement (reduction) if the landlord fails to correct serious problems within a reasonable time.
• You can file a complaint with city or state agencies if conditions are hazardous or repairs are not made promptly.

Official Forms and Action Steps for Renters

If your landlord does not address habitability issues despite being notified, you may consider these forms or actions:

• NYC: HP Action (Housing Part Action) — File a case in Housing Court to order repairs.
  • Form: "HP Petition to Compel Landlord to Make Repairs"
  • When and how it’s used: If all communication with your landlord fails, fill out the HP Petition form (PDF) and file it at your local Housing Court. Example: If your bathroom ceiling collapses and your landlord ignores your written requests, you can file this form to have a judge order the repair.
  • NYC Housing Court HP Actions information
• 73 Notice of Intent to Withhold Rent (Not an official NYS form, but a recommended written notice).
  • When and how it’s used: If repairs making your unit uninhabitable are not addressed, notify your landlord of the intention to withhold part of the rent in writing before doing so. (Keep a copy for your records.) Example: Heating is broken in winter and repeated requests to your landlord have failed.
  • NYS Tenants' Rights Guide explains the process.
• NYC 311 Online Complaint Form
  • When and how it’s used: For emergency problems (no heat, hot water, or unsafe conditions), submit a building maintenance complaint to NYC 311. Example: If your landlord refuses to fix a gas leak, file immediately.

Where Are Disputes Handled?

For most repairs issues in New York State, residential tenancy matters (including HP actions) are handled by the New York City Housing Court, or by local housing courts in other parts of the state. Rent-regulated tenants can also seek help from the NYS Division of Housing and Community Renewal Office of Rent Administration (ORA).

FAQ: Tenant Protections During Building Repairs

1. Can my landlord ask me to move out temporarily for repairs?
   If repairs make your apartment completely unlivable, the landlord may request that you leave temporarily. However, you are generally not required to accept unless a court orders it. You may be entitled to a rent reduction or alternative accommodations; always get the agreement in writing.
2. What if repairs are only needed inside my apartment?
   Your landlord must give reasonable notice (typically 24 hours). In cases of emergency, they can enter sooner. Repairs should be scheduled at reasonable times.
3. Can I withhold rent if repairs aren’t made?
   You may be allowed to withhold a portion of rent if the apartment is not habitable, but always notify your landlord in writing first and consider seeking legal advice. Withholding rent can lead to eviction proceedings if not done properly.
4. Does my landlord have to provide a rent reduction during disruptive repairs?
   If repairs seriously disrupt your ability to live in the apartment, you may be entitled to a partial rent abatement. This is determined by a judge if you take legal action.
5. Where do I go if my landlord ignores major repair needs?
   Contact your local Housing Court or file a complaint with NYC 311 (if in NYC) or your city’s code enforcement agency. The New York State Division of Housing and Community Renewal can also help rent-regulated residents.

Need Help? Resources for Renters

• New York City Housing Court handles HP actions and tenant petitions.
• NYS Tenants’ Rights Guide offers a detailed explanation of your protections under state law.
• NYC 311 Report a Problem (for safety or emergency repairs in NYC).
• NYS Office of Rent Administration (ORA) for rent-regulated tenants statewide.
• For immediate legal advice, your local Legal Aid Society or neighborhood tenant advocacy group can offer guidance.

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1. New York Real Property Law § 235-B – Warranty of Habitability
2. NYS Division of Housing and Community Renewal – Tenants’ Rights Guide
3. NYC Housing Court: HP Actions
4. NYC 311: Report a Building Maintenance Issue

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