Find out how to get your landlord to make repairs
This article explores the rights of New York tenants concerning apartment repairs. It details landlords' obligations under state law, outlines the required timelines for different repair scenarios, and provides actionable steps tenants can take if these obligations are not met.
It’s a chilly winter evening in New York. You’ve just finished a long commute, changed into your sweatpants, and sat down on your couch with a blanket, a cup of tea, and a book. Suddenly, your heater fails.
A scenario like this is more than a mere inconvenience—it can quickly render your living space uninhabitable.
Fortunately, there are state laws in place to ensure landlords make necessary repairs. This article will guide you through these legal protections, helping you understand what your landlord is obligated to fix, the timelines they must adhere to, and the steps you can take if they fail to meet their obligations.
What must a landlord repair?
In New York, landlords are required to keep rental properties in a “habitable” condition, as defined under New York Real Property Law Section 235-b.
Under this law, landlords must address any conditions that threaten the life, health, or safety of tenants. This includes:
- Maintaining electrical, plumbing, and heating systems in good working order;
- Repairing broken windows, doors, and locks to ensure security;
- Controlling infestations of pests like rodents and insects; and
- Keeping common areas and facilities like hallways and elevators in safe and clean conditions.
Timeline for repairs
Landlords aren't required to make repairs instantaneously—a standard that even homeowners couldn't meet. However, landlords are expected to act within a “reasonable amount of time” depending on the severity of the problem:
| 24 hours | 30 days | 90 days |
|---|---|---|
| Landlords typically have 24 hours to rectify conditions that pose an "immediate hazard," such as a broken furnace in the middle of the winter. | Landlords typically have 30 days to fix problems that are hazardous but less urgent, like a slow-leaking pipe. | Landlords have 90 days to fix non-hazardous conditions, such as a squeaky door hinge. |
How to formally request repairs
Your landlord can’t make a repair if they don’t know something is broken. What’s more, if you need to take legal action down the road due to your landlord’s failure to make a repair, you won’t get far if you don’t have written documentation of your request.
To be able to prove delivery, be sure to send your request "certified mail with return receipt requested."
Not sure what to put in your request? Use the sample letter below.
[Sender’s name]
[Sender’s address]
[Date written]
[Landlord’s name]
[Landlord’s address]
RE: NOTICE REQUESTING REPAIRS
Dear [Landlord’s name],
This is to notify you that the rental unit at [rental unit address] that you manage and I occupy needs repairs for the following defects:
[list all defects that need repair]
New York law requires you to begin making repairs within a "reasonable amount of time." Typically, this means the following:
Twenty-four (24) hours to repair conditions that pose an “immediate hazard.”
Thirty (30) days to repair "hazardous" conditions.
Ninety (90) days in all other cases.
A copy of the statute setting forth your duty to keep your rental properties in a "habitable" condition, as defined under New York Real Property Law Section 235-b, is attached.
Sincerely,
_________________________
(Tenant’s signature)
Be sure to keep copies of all notices you deliver, along with any other written communications between you and your landlord (including text messages).
Taking action if repairs are ignored
If your landlord fails to address necessary repairs, you have several legal avenues to consider:
- Report the issue: Contact 311 to report any hazardous conditions in your rental unit or building.
- File a complaint for rent-regulated apartments: If you live in a rent-regulated apartment, you can file a complaint for a decrease in services with the New York State Homes and Community Renewal, the state agency that oversees rent regulations.
- Initiate an HP action: You can file an HP Action in Housing Court. This is a legal process where a tenant sues their landlord to force them to make repairs.
- Emergency repairs: If the issue is an emergency that poses immediate harm or danger, you can request that a city agency, such as the Housing Preservation and Development (HPD) intervene to make the necessary repairs.
- Withhold rent: If you have already notified your landlord about the needed repairs and they have not responded, you might choose to withhold your rent. It’s crucial to save the withheld rent money and not spend it, as you’ll need to pay it once the repairs are made. You may also negotiate for a rent reduction (rent abatement) depending on the situation and the extent of the inconvenience caused by the unrepaired conditions.
Can I make emergency repairs myself?
If your landlord does not address emergency repairs after being notified and given a reasonable amount of time, you may use your rent money to cover these repairs. However, the repairs must meet certain criteria:
- The issue must pose a risk to the life, health, or safety of the occupants, or it must significantly impair your ability to live in the premises; and
- You must demonstrate that the repair was necessary and that the costs were reasonable given the circumstances.
It's important to follow these guidelines carefully. Failure to do so could lead you to be responsible for both the repair costs and your rent, and could potentially lead to eviction proceedings against you.
Living in a rental should not mean putting up with unsafe or unhealthy conditions. Understanding your rights as a tenant in New York empowers you to demand and receive the necessary repairs to make your rental a safe and comfortable home. If you need additional help, consider contacting an experienced landlord-tenant attorney in New York.
Still have questions? These additional resources may help:
- New York Guide to Landlord-Tenant Laws
- Can I Take Legal Action Against My Landlord for Mold in New York?
- How to Get Your Security Deposit Back in New York
- Essential Guide to New York Tenant Duties and Rights
- New York Rental FAQs: A Guide for Landlords and Tenants
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