US-New YorkDoes my landlord have to maintain my apartment in livable condition?
Yes, your landlord in New York must keep your apartment in safe, sanitary, and livable condition under the warranty of habitability.
What the Law Says
New York law imposes a legal duty on landlords to provide and maintain rental units in a safe, sanitary, and livable condition. This is known as the 'warranty of habitability' — an automatic, unwaivable promise built into every residential lease.
The warranty of habitability applies to all residential rental units in New York State, including apartments, houses, and rooming houses. It requires landlords to keep the premises fit for human habitation — meaning working heat, hot water, electricity, plumbing, structural safety, freedom from vermin or mold, and protection from hazards like broken stairs or exposed wiring.
If a condition substantially affects health or safety — such as no heat in winter, lack of running water, or severe infestation — the landlord must fix it promptly. For emergencies (e.g., no heat below 55°F in winter, gas leaks, or major flooding), repairs must begin within 24 hours. For non-emergencies, landlords generally have up to 30 days to correct violations after written notice.
Tenants may withhold rent or seek rent reductions if the landlord fails to comply — but only after giving written notice and allowing reasonable time to fix the problem. Courts may reduce rent by up to $500 per violation, depending on severity and duration.
Statutory TextIn every written or oral lease or rental agreement for residential premises, there is an implied warranty of habitability, which means that the landlord shall keep the premises in a condition fit for human habitation...
— Real Property Law § 235-b — Warranty of habitability
Statutory TextThe warranty of habitability applies to all residential rental units in this state, whether or not the lease is written or oral, and whether or not the unit is subject to rent regulation.
— Real Property Law § 235-b — Warranty of habitability
What Courts Have Said
New York courts have consistently upheld the warranty of habitability as a fundamental tenant protection — interpreting it broadly to cover conditions that materially affect health, safety, or comfort.
Established the warranty of habitability as an implied term in all residential leases, rejecting the idea that tenants must accept uninhabitable conditions.
Held that persistent mold and water infiltration constituted a breach of habitability, entitling tenant to rent abatement even without proof of illness.
What to Do
Give your landlord written notice (email or certified mail) describing the problem and requesting repairs.
Wait a reasonable time: 24 hours for emergencies (e.g., no heat in winter), up to 30 days for non-emergencies.
If repairs aren’t made, document everything (photos, dates, witness statements) and consider filing a complaint with NYC Housing Maintenance Code Enforcement (HP Action) or seeking rent abatement in Housing Court.
Do NOT withhold rent without legal advice — improper withholding can lead to eviction. Instead, use the 'repair and deduct' option only for minor issues under $500, or file an HP proceeding.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.