New York · Repairs · Updated Oct 2026

New York tenant repair rights

What a landlord in New York must keep in repair, how to ask for repairs, whether you can repair and deduct or withhold rent, and the protection against retaliation.

Short answer

Every lease includes a warranty of habitability: your home and common areas must be fit to live in and free of conditions dangerous to life, health or safety (unless you caused them).

Repair and deduct
No statute
Withholding rent
Only in limited cases
Notice before entry
No statute

Repairs in New York

The landlord's duty
Every lease includes a warranty of habitability: your home and common areas must be fit to live in and free of conditions dangerous to life, health or safety (unless you caused them). You cannot waive this right. RPL 235-b. Multiple dwellings also have repair duties under the Multiple Dwelling Law.
How to ask for repairs
Tell the landlord in writing and keep a copy. No statute sets a number of days for ordinary repairs. Call your local code enforcement office (in NYC, 311/HPD) for an inspection.
Repair and deduct
No statute. The Attorney General says that in extenuating circumstances (for example, a broken door lock the landlord willfully ignores) you may make necessary repairs and deduct reasonable costs from rent. Keep receipts and copies of all communications.
Withholding rent
Possible but risky. You may withhold rent for a breach of the warranty of habitability, but the landlord can sue you for nonpayment and you then raise the warranty as a defense or counterclaim; the court can reduce the rent. You can also sue for a rent reduction. Rent-regulated tenants can file a rent reduction complaint with DHCR 10 to 60 days after giving written notice to the landlord.
Law
RPL 235-b; NY Attorney General Residential Tenants' Rights Guide

Landlord entry in New York

No statute sets a number of hours. The Attorney General says the landlord may enter with reasonable prior notice, at a reasonable time, and with your consent, to make repairs or services or as your lease allows. In an emergency (fire, water leak) no notice or consent is needed. If you unreasonably refuse, the landlord can ask a court for access.

Retaliation in New York

The landlord may not evict you, refuse to renew, or offer a new lease with an unreasonable rent increase because you made a good-faith complaint (to the landlord or a government agency), enforced your rights, or joined a tenant organization. If the landlord acts within 1 year after your complaint or action, retaliation is presumed and the landlord must prove a non-retaliatory reason. You can win the eviction case and sue for damages and attorney fees. Owner-occupied buildings with fewer than 4 units are exempt. RPL 223-b.

Get repairs made, step by step

  1. Write down the problem and take dated photos or video.
  2. Ask in writing and keep a copy. In New York: Tell the landlord in writing and keep a copy.
  3. Give the landlord the time the rule allows, and let them in to do the work with proper notice.
  4. If nothing happens, call your local housing or code inspector and talk to legal aid before you stop paying any rent.
  5. Keep paying rent unless the rule above lets you withhold it and you follow its steps exactly.

Repair request letter for New York

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Your letter is made in your browser. Nothing you type is sent to us or anyone else.

The name on your lease or rent receipts.

What needs repair? (required)

Your state's rule on repair requests is shown below the form.

New York's rule on asking for repairs:Tell the landlord in writing and keep a copy. No statute sets a number of days for ordinary repairs. Call your local code enforcement office (in NYC, 311/HPD) for an inspection.

Dates, rooms and how the problem affects you. This text goes into the letter as written.

Where to get free help in New York

Questions about repairs in New York

How do I ask my landlord for repairs in New York?

Tell the landlord in writing and keep a copy. No statute sets a number of days for ordinary repairs. Call your local code enforcement office (in NYC, 311/HPD) for an inspection.

Can I repair and deduct the cost from rent in New York?

No statute. The Attorney General says that in extenuating circumstances (for example, a broken door lock the landlord willfully ignores) you may make necessary repairs and deduct reasonable costs from rent. Keep receipts and copies of all communications.

Can I withhold rent for repairs in New York?

Possible but risky. You may withhold rent for a breach of the warranty of habitability, but the landlord can sue you for nonpayment and you then raise the warranty as a defense or counterclaim; the court can reduce the rent. You can also sue for a rent reduction. Rent-regulated tenants can file a rent reduction complaint with DHCR 10 to 60 days after giving written notice to the landlord.

How much notice does a landlord need to enter in New York?

No statute sets a number of hours. The Attorney General says the landlord may enter with reasonable prior notice, at a reasonable time, and with your consent, to make repairs or services or as your lease allows. In an emergency (fire, water leak) no notice or consent is needed. If you unreasonably refuse, the landlord can ask a court for access.

Can my landlord retaliate if I complain in New York?

The landlord may not evict you, refuse to renew, or offer a new lease with an unreasonable rent increase because you made a good-faith complaint (to the landlord or a government agency), enforced your rights, or joined a tenant organization. If the landlord acts within 1 year after your complaint or action, retaliation is presumed and the landlord must prove a non-retaliatory reason. You can win the eviction case and sue for damages and attorney fees. Owner-occupied buildings with fewer than 4 units are exempt. RPL 223-b.

More for New York renters

Repairs in nearby states

Sources

Last checked: Oct 2026.