Repairs, heat, and the warranty of habitability
Every New York residential lease - no matter what it says - includes an unwritten promise: the apartment must be safe and livable. That's the warranty of habitability (RPL §235-b), and it cannot be waived.
What your landlord legally owes you
- Heat season, Oct 1 - May 31: at least 68°F from 6am-10pm when it's below 55°F outside, and at least 62°F overnight, no matter the outdoor temp.
- Hot water year-round (at least 120°F at the tap).
- A unit free of leaks, mold hazards, and pest infestations, with working smoke and carbon monoxide detectors.
- Functioning locks, safe wiring, working plumbing and appliances included with the unit.
The escalation ladder, in order
- Notify in writing. Email or text your landlord or super describing the problem. Save everything - this paper trail is the whole game.
- Call 311. HPD sends an inspector for heat, hot water, pests, leaks, and more. Violations get issued in writing.
- HP Action in Housing Court. Free to file, no lawyer required; the court can order repairs and, in many cases, a rent reduction for the period the condition existed.
Tempting but risky
Withholding rent or "repair and deduct" can work in New York, but done wrong they hand the landlord a nonpayment case. Talk to a tenant lawyer or a housing court help center before you stop paying - the warranty of habitability is your defense, and it needs the paper trail from steps 1-2.
General information, not legal advice. Laws change and every situation is different. For advice about your specific case, talk to a tenant lawyer - free help may be available through the city's tenant protection resources or Legal Aid.