US-New YorkCan I withhold rent if my landlord refuses to make necessary repairs?
Yes, but only under strict conditions — you must first notify your landlord in writing, give them a reasonable time to fix serious habitability issues, and follow court-approved procedures like rent escrow or repair-and-deduct (where allowed).
What the Law Says
New York law does not allow tenants to unilaterally withhold rent without court involvement. Instead, it provides specific, limited remedies for landlords’ failure to maintain habitable premises — including rent escrow and repair-and-deduct — each with strict procedural requirements.
Under the New York Real Property Law (RPL), landlords must keep rental units in 'good repair' and comply with the Housing Maintenance Code (HMC). A serious violation — like lack of heat, hot water, mold, or structural hazards — may trigger tenant rights, but only after proper notice and opportunity to cure.
The RPL permits tenants to make necessary repairs themselves and deduct the cost from rent — but only if the repair costs no more than $1,000 (or one month’s rent, whichever is less), the issue materially affects health/safety, and the landlord has failed to act within a reasonable time after written notice.
Alternatively, tenants may apply to Housing Court to place rent in escrow while repairs are pending. The court must approve this — you cannot do it on your own. Escrow is only available for serious violations that substantially affect habitability.
Statutory TextThe tenant may make necessary repairs ... and deduct the actual and reasonable cost ... from the next succeeding rent payment, provided that such cost does not exceed one month's rent or one thousand dollars, whichever is greater.
— Real Property Law § 235-b — Remedies for failure to maintain dwelling
Statutory TextNo tenant shall withhold the payment of any rent ... unless such withholding is authorized by order of a court of competent jurisdiction.
— Real Property Law § 235-b — Remedies for failure to maintain dwelling
Statutory TextThe owner shall keep the dwelling unit and every part thereof in good repair.
— Housing Maintenance Code § 27-202 — Owner's duty to repair
What Courts Have Said
New York courts consistently hold that self-help rent withholding — without court approval — violates the lease and exposes tenants to eviction. Only court-supervised remedies are protected.
Unilateral rent withholding is unlawful; tenants must seek judicial relief before withholding.
Repair-and-deduct is narrowly construed — tenant must prove notice, reasonableness, and direct link between defect and health/safety.
What to Do
Send written notice (certified mail + copy) describing the defect and demanding repair within 14 days (or 24 hours for no heat in winter).
If no action, file an HP Action in Housing Court to request repairs, rent reduction, or escrow — do NOT withhold rent first.
Only if approved by the court, deposit rent into escrow (not your bank) while repairs are ordered.
For minor urgent repairs: if under $1,000 and life/safety-related, hire a licensed contractor, keep receipts, and deduct once — but only after written notice and 14-day wait.
Keep all records: photos, notices, receipts, work orders, and court filings.
Sources
Same Question, Other Jurisdictions
US-CaliforniaNot 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.