NYC landlords are legally obligated to maintain your apartment in a safe, livable condition. This includes working plumbing, heat, hot water, pest control, and structural integrity. When they fail, you have powerful tools to compel repairs.
New York's Real Property Law Section 235-b guarantees every residential tenant an apartment that is fit for human habitation. This is an implied warranty in every lease — even if your lease says otherwise. Conditions that violate this warranty include no heat or hot water, pest infestations, mold, lead paint hazards, broken locks, and major plumbing issues.
Always put repair requests in writing (email or letter) and keep a copy. Describe the problem clearly, include photos if possible, and specify a reasonable deadline. If your landlord ignores written requests, your next step is to file a complaint with HPD (Housing Preservation & Development) by calling 311 or using the 311 app.
When you file a complaint with HPD, an inspector will visit your apartment. If they find violations, HPD issues them against the building in three classes: Class A (non-hazardous, 90 days to fix), Class B (hazardous, 30 days to fix), and Class C (immediately hazardous, 24 hours to fix). Landlords who fail to correct violations face fines and can be taken to court.
If your landlord refuses to make repairs, you can bring an HP (Housing Part) action in housing court — this is a special proceeding to compel repairs. The court can order your landlord to make repairs, impose civil penalties, and even appoint an administrator in extreme cases. Some tenants also withhold rent, but this should be done carefully and ideally with legal advice.
4 questions answered
Call 311 or visit the HPD website to file a complaint online. An inspector will be sent to your apartment. Make sure to document the condition with photos before and after the inspection.
Yes, but you must follow a specific legal process. You can file a rent strike action in Housing Court or deposit rent into an escrow account while repairs are pending. Get legal advice before withholding rent.
New York's Real Property Law Section 235-b guarantees every tenant a habitable apartment. This covers working heat, hot water, plumbing, and freedom from pests and hazards. It is implied in every lease regardless of what the lease says.
HPD violations are classified A (non-hazardous), B (hazardous), or C (immediately hazardous). Class C violations — like no heat, lead paint, or vermin infestations — require the fastest response from your landlord.
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.