NYC Tenant Repair Rights 2026–27: How to Get Repairs Made With 311, HPD Inspections, HP Actions and the Warranty of Habitability
Updated: 4 hours ago
A leaking ceiling, no heat in January, mice in the kitchen, peeling paint with a toddler at home. Every New York City renter knows how a small repair request can drag on for weeks. The good news is that city and state law give tenants real tools to force a landlord to act, and most of them cost nothing.
This guide walks through the process in the order that works best: putting your request on record, filing a 311 complaint, understanding HPD inspections and violation deadlines, going to Housing Court with an HP action, and protecting yourself from retaliation.
Last reviewed: October 2026. Read how we verify guides in our Editorial Standards.
NYC repair rights in brief
Your landlord must keep your home livable. State law makes this part of every lease, written or oral, and you can't sign it away.
Ask in writing first. HPD recommends contacting the landlord, then sending a dated letter by certified mail.
Then call 311. HPD may call the landlord, call you back, and send an inspector who can write violations.
Violations have deadlines. From immediate (heat and hot water) to 90 days (non-hazardous).
Housing Court can order repairs. An HP action doesn't require a lawyer.
Retaliation is illegal. A landlord can't evict you or refuse to renew in retaliation for a good-faith complaint.
Your Basic Rights
The warranty of habitability
Under New York Real Property Law section 235-b, every residential lease or rental agreement, written or oral, includes a promise by the landlord that:
the apartment and the shared areas of the building are fit to live in and fit for the uses both sides reasonably intended; and
you won't be subjected to conditions that are dangerous, hazardous or harmful to your life, health or safety.
Any lease clause waiving this right is void. The one exception: conditions caused by the tenant, or by people under the tenant's direction or control, don't count as a breach.
If a court finds the warranty was breached, it can award damages without requiring expert testimony. For rent-regulated apartments, any rent reduction already ordered by the state housing agency is subtracted from the award.
What HPD expects
HPD says New York City tenants should expect to live in safe, well-maintained buildings free of vermin, leaks and hazardous conditions. HPD also notes that immigrant New Yorkers have the same housing rights as all other tenants, regardless of documentation status, and that landlords can't treat tenants differently, including by refusing repairs, because of immigration or citizenship status or national origin.
Your responsibilities
Tenants have duties, too. HPD says tenants are responsible for violations they cause through willful acts, gross negligence or abuse. Unreasonably refusing to let the owner in to make required repairs can be grounds for eviction. Tenants must also respond to legally required notices, such as the notices about lead-based paint and window guards.
Step 1: Put Your Request on Record
HPD recommends these steps for tenants in privately owned buildings:
Contact the owner, managing agent or super about the repair.
If there's no response, write a letter. Describe the problems and ask for repairs by a specific date. Send it to the owner and the management company by certified mail and keep a copy.
Follow up in person or by phone. Say that if the repairs aren't done, you'll file a complaint.
Keep a record of every attempt. HPD notes this will be useful in court.
Don't know who owns your building? HPD says owners must register every year, and you can look up the owner and managing agent on HPD's website.
Tip: take dated photos and videos of the problem, and keep a simple log of dates, who you talked to and what they said.
Step 2: File a 311 Complaint
If the landlord doesn't respond, file a complaint with 311:
call 311 (TTY: 212-504-4115); or
use 311 Online or the 311 Mobile app.
You'll get a Service Request number. Use it to track your complaint on 311 Online, 311 Mobile or HPDONLINE.
For heat and hot water complaints, HPD says you can file anonymously. In that case, the inspector picks an apartment at random to try to inspect.
What happens next
According to HPD:
HPD tries to reach the managing agent to say a complaint was filed and a violation may be issued if the problem isn't fixed right away.
HPD tries to call you back. If you say the problem is fixed, HPD closes the complaint. Only say it's fixed if it really is.
If it isn't fixed, or HPD can't reach you, a Code Enforcement inspector is sent. The owner isn't told the inspection date. If English isn't your first language, tell the inspector, who can call a translator.
HPD also offers virtual or phone appointments with a Code Enforcement representative, with limited slots during a pilot.
Step 3: Understand Violations and Deadlines
If the inspector writes a violation, HPD sends the managing agent a Notice of Violation with a deadline to fix it. The deadline depends on how serious the condition is:
Violation class | Examples | Time to correct |
Class A (non-hazardous) | Minor conditions | 90 days |
Class B (hazardous) | Hazardous conditions | 30 days |
Class C, lead-based paint | Lead paint hazards | 21 days |
Class C, other | Window guards, mold, mice and cockroaches, rats | 21 days |
Class C, self-closing door | Missing or broken self-closing door | 14 days |
Class C, heat or hot water | No heat or hot water | Immediately |
After the deadline
If the owner certifies the repair, you'll get a notice in the mail.
If you challenge the certification and a re-inspection finds it's not fixed, the violation stays open.
If the violation is certified and HPD doesn't re-inspect, it closes after 70 days. So if a certified repair wasn't really done, challenge it promptly.
If the violation stays open, you can take legal action in Housing Court.
Emergency repairs
For immediately hazardous conditions, HPD tries to contact the owner and you. If the owner doesn't fix the problem, HPD's Emergency Repair Program can step in. For heat and hot water, HPD says the program may hire private companies to restore service and bill the owner for the cost plus fees.
You can look up open violations, complaint status and any HPD litigation against your building on HPDONLINE.
Heat and Hot Water Rules
HPD's rules are specific:
Hot water: every day of the year, at a constant minimum of 120°F.
Heat season: October 1 through May 31.
Daytime (6 a.m. to 10 p.m.): when it's below 55°F outside, the inside temperature must be at least 68°F.
Nighttime (10 p.m. to 6 a.m.): the inside temperature must be at least 62°F, regardless of the outdoor temperature.
As always, contact the landlord first. If nothing happens, call 311.
Lead Paint and Window Guards
Peeling paint. Report it to the landlord. If it isn't fixed, or work is being done unsafely (for example, creating uncontained dust), call 311, HPD says. You can also call 311 to learn how to prevent lead poisoning and where to get children tested. Class C lead violations must be fixed in 21 days.
Window guards. Any tenant can ask in writing for window guards, and the landlord must install them, even if no child 10 or younger lives there, according to HPD. HPD gives examples such as visiting grandchildren, shared custody or providing child care.
Step 4: Go to Housing Court With an HP Action
If complaints don't work, you can sue the landlord in Housing Court to get an order to make repairs. HPD explains:
An HP action is a case brought by a tenant or a group of tenants against a landlord to force repairs and essential services such as heat and hot water.
A landlord's failure to repair may violate the NYC Housing Maintenance Code or the Multiple Dwelling Law.
In an HP action, a judge can order the landlord to correct the violations.
To start one, go to the Clerk's Office at Housing Court. You don't need a lawyer.
Bring your evidence: your letters and proof of mailing, photos, your log, 311 Service Request numbers and any HPD violations.
Rent-Stabilized or Rent-Controlled? You Have Another Option
HPD says tenants in rent-controlled or rent-stabilized apartments can also file a complaint with the New York State Division of Housing and Community Renewal (DHCR). Call 718-739-6400 for information. If your complaint is valid, DHCR can penalize the owner by ordering a rent reduction.
Protection Against Retaliation
Some tenants hesitate to complain because they fear eviction. New York Real Property Law section 223-b protects you. A landlord can't serve a notice to quit, start an eviction case, or substantially change the terms of your tenancy in retaliation for:
a good-faith complaint to the landlord or a government agency about a health or safety violation or the warranty of habitability;
good-faith actions to enforce your rights under your lease or housing law; or
taking part in a tenants' organization.
"Substantially changing the terms" includes refusing to renew your lease or offering a renewal with an unreasonable rent increase.
A one-year presumption. If the landlord tries any of these things within one year after your good-faith complaint or action, the law presumes retaliation. The landlord then has to prove a non-retaliatory reason.
What you can get. A court can award damages, attorney's fees and costs, and order the landlord to stop. In an eviction case, a finding of retaliation results in judgment for the tenant. But you still owe your rent. The law doesn't excuse unpaid rent.
No complaint fees. A lease clause charging you a fee or penalty for filing a good-faith complaint is void. A landlord who tries to enforce one owes you three times that amount.
Limits. The protection covers all rental housing except owner-occupied buildings with fewer than four units. It doesn't apply if you, someone in your household or a guest caused the condition.
Separately, HPD notes that landlords are prohibited from harassing tenants to force them out. Examples include verbal or physical abuse, consistently withholding services, or persistent intimidation. Tenants in buildings with three or more units may be able to sue in Housing Court over harassment.
Getting Free Legal Help
HPD says tenants who can't afford a lawyer may be eligible for free or low-cost legal help. Its tenants' rights page links to legal assistance resources and to Fair Housing NYC.
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