New York legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
New York Implied Warranty of Habitability
In New York, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like peeling carpet or dents in a wall. It only guarantees basic health and safety.
What Specifically Are Landlords Responsible for in New York?
Note: Check local city/county laws and ordinances for additional requirements. New York City, in particular, adds many responsibilities in detail.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating (in winter) | Only Heating (in winter) |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Only Smoke | Only Smoke |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Sometimes |
| Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in New York
New York landlords must provide heating during winter (Oct. 1-May 31) for multiple dwellings. Where it seriously impacts usability of the property, landlords may sometimes have to provide air conditioning during summer.
Are Landlords Required to Provide Air Filter Replacements in New York?
New York landlords don’t have to replace things like air filters, unless required heating or ventilation equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in New York
New York landlords must keep plumbing in good repair. This includes adequate water supply, drainage, and pressure.
Are Landlords Required To Provide Hot Water in New York?
New York landlords must provide and maintain running hot and cold water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in New York?
New York landlords must fix clogs the renter didn’t cause which affect the cleanliness or good repair of the plumbing.
Are Landlords in New York Responsible for Fixing Leaks?
New York landlords must fix leaks the renter didn’t cause which might cause water damage or affect the good repair of the plumbing.
Landlord Responsibilities for Kitchen Appliances in New York
New York landlords have no specific responsibility to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in New York
New York landlords are responsible for keeping provided electrical service in working and safe order.
Are Landlords Responsible for Replacing Light Bulbs in New York?
New York landlords are not responsible for replacing light bulbs, as long as there are fixtures sufficient to light the property using electricity or gas.
Landlord Responsibilities for Garbage Removal in New York
New York landlords must provide and maintain garbage containers and daily garbage removal services, although they can bill tenants for the garbage service.
Landlord Responsibilities for Landscaping in New York
New York landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas or create a hazard to health, safety, or habitability.
Landlord Responsibilities Regarding Mold in New York
New York landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter caused the mold issue, the landlord can make the renter pay for repairs.
Landlord Responsibilities Regarding Pests in New York
New York landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in New York
New York landlords have no specific responsibility for windows and window coverings. The landlord has to repair broken windows the tenant didn’t cause (especially at or near ground level), since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in New York
New York landlords are responsible for ensuring smoke detectors are installed at the beginning of a tenancy. Specific placement is usually up to local code. The landlord must replace defective detectors within 30 days of a written tenant request. Otherwise, maintenance is the tenant’s responsibility.
The landlord must also give written notice to all tenants, individually or posted in a common area, detailing the duties of landlord and tenant regarding smoke detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in New York?
New York landlords are not responsible for replacing batteries in safety devices, other than making sure such devices have working batteries at the beginning of a tenancy.
Landlord Responsibilities for Doors & Locks in New York
New York landlords have no responsibility to maintain doors and locks to any specific standard. However, inadequate security is a health and safety issue that violates the warranty of habitability.
Landlord Responsibilities for Washers and Dryers in New York
New York landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in New York
New York renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. Renters can ask for repairs verbally or in writing. The landlord gets “reasonable time” after notice to make repairs, which is decided case by case, but usually under 30 days.
If the issue isn’t fixed, the renter can file a lawsuit seeking repairs or compensation, repair and deduct from rent, or break the lease, in extreme cases.
Sources
- 1 N.Y. Real Prop. Law (“RPL”) § 235-B (2022)
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“In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.”
Source Link - 2 N.Y. Mult. Dwel. Law (“MDW”) § 78(1) (2018)
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“Every multiple dwelling, including its roof or roofs, and every part thereof and the lot upon which it is situated, shall be kept in good repair. The owner shall be responsible for compliance with the provisions of this section; but the tenant also shall be liable if a violation is caused by his own willful act, assistance or negligence or that of any member of his family or household or his guest.”
Source Link - 3 Park West Mgt. v. Mitchell, 47 N.Y.2d 316, 328 (N.Y. 1979)
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“[N]o one will dispute that health and safety are adversely affected by insect or rodent infestation, insufficient heat and plumbing facilities, significantly dangerous electrical outlets or wiring, inadequate sanitation facilities or similar services which constitute the essence of the modern dwelling unit. If, in the eyes of a reasonable person, defects in the dwelling deprive the tenant of those essential functions which a residence is expected to provide, a breach of the implied warrant of habitability has occurred.”
Source Link - 4 Hamblin v. Bachman, 2006-CV-5596, 14 (N.Y. City Ct. 2009)
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“Courts have found breaches of the warranty of habitibility [sic] in a variety of situations including: lack of heat and/or hot water; lack of an air conditioner in summer; low water pressure; water damage from roof leaks; nearby construction and renovation work; lack of light and air from new building next door; presence of rats and roaches; bedbug infestation; persistent pet odors from prior tenants; second hand smoke from a neighbor; odor from a dumpster; neighbor noise; a registered sex offender neighbor; and neighborhood drug dealers.”
Source Link - 5 N.Y. MDW (2018)
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The overwhelming majority of New York rentals must keep the standards imposed by the MDW (Multiple Dwelling Law), and even technically exempt buildings often have identical or extremely similar standards imposed under the common law. For example, even private dwellings in New York City are subject to MDW requirements. This article is therefore written from a standpoint that presumes the MDW applies. It may not apply to all rental situations, especially in rural parts of the state.
Source Link - 6 N.Y.C. Hous. Maint. Code (2019)
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See generally N.Y.C. Hous. Maint. Code (2019)
Source Link - 7 N.Y. MDW § 79 (2018)
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“[E]very multiple dwelling shall be provided with heat or the equipment or facilities therefor. During the months between October first and May thirty-first, such heat and the equipment or facilities shall be sufficient to maintain the minimum temperatures required.”
Source Link - 8 N.Y. MDW § 77(4) (2018)
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“The owner of every multiple dwelling or part thereof shall thoroughly cleanse and keep clean at all times, and in good repair, the entire plumbing and drainage system including every water-closet, toilet and sink and every other plumbing fixture therein.”
Source Link - 9 N.Y. MDW § 75(3) (2018)
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“[Water] supply shall include both hot and cold water at all times of the year.”
Source Link - 10 N.Y. MDW § 64(1) (2018)
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“Every multiple dwelling after July first, nineteen hundred fifty-five, shall be adequately equipped throughout all stories and cellars for lighting by gas or electricity, with proper fixtures at every light outlet.”
Source Link - 11 N.Y. MDW § 80(1) (2018)
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“The owner shall keep all and every part of a multiple dwelling, the lot on which it is situated, and the roofs, yards, courts, passages, areas or alleys appurtenant thereto, clean and free from vermin, dirt, filth, garbage or other thing or matter dangerous to life or health.”
Source Link - 12 N.Y. MDW § 81(1) (2018)
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“The owner of every multiple dwelling shall provide proper and suitable conveniences or receptacles for ashes, rubbish, garbage, refuse and other waste matter and shall arrange for the removal of such waste matter daily.”
Source Link - 13 N.Y. MDW § 68(2)(a) (2018)
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“The owner of every multiple dwelling to which the provisions of this section apply shall equip each apartment or other separate living unit in such multiple dwelling with approved and operational smoke detecting devices.”
Source Link - 14 N.Y. MDW § 68(4) (2018)
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“In addition to initially providing and installing the smoke detecting devices, the owner shall: (a) replace within thirty days after the receipt of written notice any such device which becomes inoperable within one year of the installation of such device due to a defect in the manufacture of such device and through no fault of the occupant of the apartment or other unit; (b) upon the occurrence of a vacancy, replace or properly equip any such device which has been removed or rendered inoperable, so as to provide operational smoke detecting devices for any new tenant; and (c) notify tenants in writing, individually or through posting of a notice in a common area of the building, of the respective duties of owners and tenants under this section.”
Source Link - 15 Jangla Realty v. Gravagna, 112 Misc. 2d 642, 645 (N.Y. Misc. 1981) (internal citations omitted)
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“In order for a tenant to recover in these repair and deduct situations, it is apparent that the tenant must give notice to the landlord, and that the condition or violation complained of must be substantial in that it affects the habitability of the premises and that the landlord has either refused or has not repaired in reasonable time after reasonable opportunity to repair has been given to the landlord. A tenant making the repairs under these circumstances will be allowed to set off or deduct from the rent provided that the cost is reasonable and not excessive.”
Source Link - 16 N.Y. RPL § 235(1) (2022)
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If the tenant moves out after a reasonably uncured violation of quiet enjoyment, this is a constructive eviction and the lease is considered validly broken. “[A]ny lessor, agent, manager, superintendent or janitor who wilfully and intentionally interferes with the quiet enjoyment of the leased premises by such occupant, is guilty of a violation.”
Source Link - 17 N.Y. Real Prop. Acts. § 753(4) (2022)
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Where the tenant is breaching the lease, the current statutory time to cure is 30 days after notice. While there’s no specific statutory requirement for landlord breaches, many courts will look to the tenant statute for guidance on what’s reasonable. “In the event that such proceeding [for possession] is based upon a claim that the tenant or lessee has breached a provision of the lease, the court shall grant a thirty day stay of issuance of the warrant, during which time the respondent may correct such breach.”
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