New York Repair & Habitability Laws
New York's implied warranty of habitability under Real Prop.
Last reviewed:
Key Rules
- Repair And Deduct
- Limited repair-and-deduct right; rent abatement in court proceedings is more common
- Rent Withholding
- Tenant may assert warranty of habitability breach as defense in eviction to reduce rent owed
- Notice Required
- Notice to landlord required; NYC tenants may also contact the Department of Housing Preservation and Development (HPD)
- Habitability Standards
- Weatherproofing, heat, hot water, plumbing, electrical, structural integrity, freedom from pests and lead hazards
- Nyc Specific
- NYC has more specific standards: 68°F heat Oct 1 – May 31 (6am–10pm), 55°F nighttime minimum
Applicable Statutes
Implied warranty of habitability: in every written or oral residential lease, landlord warrants that the premises are fit for human habitation and free from conditions dangerous to life, health, or safety.
NYC Housing Maintenance Code: imposes specific maintenance obligations on NYC landlords including heat requirements (68°F daytime, 62°F nighttime during cold season), hot water, and structural maintenance.
N.Y. Real Prop. Acts. & Proc. Law § 756
Rent abatement: tenant may raise warranty of habitability breach as a defense in nonpayment eviction proceedings to reduce rent to fair market value of the uninhabitable premises.
Legal Aid Resources
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