The law recognizes that tenants paying rent deserve properties maintained to specific standards. Yet every day, renters face collapsed ceilings, faulty electrical systems, broken heating units and persistent pest problems while their maintenance requests gather dust.
When your landlord’s neglect crosses from inconvenience to potential legal violation, knowing your options becomes crucial.
Your rights as a tenant
New York State law provides the “warranty of habitability,” ensuring tenants the right to a safe, clean and livable apartment. This means landlords must maintain essential services such as heat, hot water, electricity and building security.
Landlords, under the New York City Housing Maintenance Code, must keep buildings free of vermin, repair broken fixtures and maintain proper heating during winter months. Tenants have legal recourse when landlords fail to meet these obligations.
Addressing neglected maintenance
When your landlord is not maintaining the property adequately, consider taking these steps:
- Send a written notice to your landlord about the problem, keeping copies of all communications.
- Take clear photos and videos of the problems.
- Report violations to local housing authorities.
- Request an official inspection of the property.
- Keep records of all repair-related expenses.
- Talk with other tenants about shared concerns.
- Consider withholding rent only after consulting an attorney.
Many tenants attempt rent withholding or “repair and deduct” remedies without understanding the legal requirements. This approach carries significant risks without proper legal guidance.
Legal remedies available
The Housing Part of the New York City Civil Court (Housing Court) handles cases between tenants and landlords regarding repairs. You can file an HP proceeding asking the court to order repairs and impose fines on negligent landlords.
For serious violations, tenants may sue for rent abatement, which is a reduction in rent proportional to the decreased value of the apartment due to poor conditions.
When pursuing these legal options, an experienced real estate attorney can be your greatest ally. They can assist with filing lawsuits or negotiating settlements to ensure your home remains safe and comfortable.