In New York a landlord’s obligation for providing a habitable living space is primarily governed rby NY Cons. Laws RPP §235-b. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Hot/Cold Water, Mailbox, Smoke/Carbon Monoxide Detector.*Multi-family units may have additional requirements. |
| Time Limit for Repairs | “Reasonable” Amount of Time |
| Tenant Recourse Options |
|
Applicable Dwelling Types in New York
The implied warranty of habitability in New York does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | No |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Yes |
| RV parks | Not addressed |
| Mobile home parks | No |
| Condos | No |
| Hotels/Motels | No |
Most laws at the State level apply to multi-family units only. Residents or landlords of single-family dwellings will need to check with their local governments to determine what additional requirements they may have.
For all multi-family rental properties, landlords are required to ensure the property complies with any and all building codes and housing codes as they relate to the safety of the building and/or the health of the residents.
Landlord Responsibilities in New York
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in New York, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Not addressed |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Multi-family units |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Multi-family units (AC sometimes not required) |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Multi-family units |
| Provide working gas lines if used for utilities/cooking | Not addressed |
| Provide working sanitation facilities (bathtub/shower, toilet). | Multi-family units |
| Provide a trash can (for trash pickup services). | Multi-family units |
| Ensure that any stairs and railings are safe. | Multi-family units |
| Ensure that all floors are in good condition and safe. | In the public areas of multi-family units |
| Provide fire exits that are usable, safe, and clean. | Multi-family units |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Yes |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | No |
| Provide working carbon monoxide detector. | Multi-family units |
| Provide a working washer/dryer. | No |
Remember, just because single-family rental properties aren’t addressed at the state level, it doesn’t mean they’re not addressed at the local level. Check with your local government regarding additional landlord/tenant responsibilities. Landlords are also responsible for any public areas of the building which are covered under the warranty of habitability.
Lead Paint
Landlords of multi-family units are only required to mitigate lead paint if children aged six or younger reside in the rental unit with lead paint or in one of the rental units of an affected property.
Security (Multi-Family Units Only)
Rental properties with at least eight rental units must have a lobby attendant for tenant’s safety and a two-way intercom voice system from each apartment to the front door, this allows tenants to buzz in any invited guests. In addition, all rental unit doors must have peepholes and chain-style locks.
Exterior entrances to the building must have automatic self-closing and self-locking doors (which shall always remain locked, except when an attendant is on duty). Landlords are also required to install window guards in all units with children under the age of ten.
Any elevators must have mirrors that allow tenants to see if anyone else is already on the elevator.
Further, all stairways, entrances, and yard areas must be well-lit between sunrise and sunset.
Rats
All multi-family rental properties built after 1947 must be “rat-proof.”
Mailboxes
Unless the rental agreement states that the landlord (or his or her agent) will distribute mail to each resident of a multi-family rental property, the landlord must provide “secure” mailboxes for each unit.
Repairs, Recourse & Retaliation in New York
If a rental property is in violation of the implied warranty of habitability in New York, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in New York
New York tenants can request repairs verbally or in writing, although written notice is always preferable so that the timing and nature of the request can be proven easily if there’s a dispute about the details.
Renter’s Rights if Repairs Aren’t Made in New York
New York renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. The landlord gets “reasonable time” after proper notice to make repairs, which is decided case by case, but usually requires completion within 30 days.
If the issue isn’t fixed, the renter can file a lawsuit seeking repairs or compensation, repair and deduct from rent, or (in extreme cases) break the lease.
Landlord Retaliation in New York
New York landlords aren’t allowed to retaliate by canceling leases or substantially changing lease terms, against tenants who have, in good faith, taken one of these actions within the last year:
- Reporting health and safety violations.
- Participating in tenant organizations.
- Pursuing rights under the law or lease.
Non-retaliatory, good-faith motivations fall under an exception. For example, it isn’t retaliation to proportionately increase rent following increased property taxes.
Tenants can respond to retaliation by suing for damages, court costs, and attorney fees, plus injunctions to end the rental agreement or prevent further retaliation. Retaliation is also a defense against eviction.
