Building Codes & Habitability — New York
Warranty of habitability, repair obligations, and city rental programs
State Habitability Standard
New York Real Property Law §235-b — warranty of habitability
N.Y. Real Prop. Law § 235-b; N.Y. Multiple Dwelling Law §§ 78-80 (NYC)
Minimum Habitability Requirements
- Premises fit for human habitation
- No conditions dangerous to life, health, or safety
- Heat: 68°F when outdoor temperature below 55°F (Oct 1 - May 31) (NYC MDL § 79)
- Hot water at 120°F at all times (NYC)
- Extermination of pests and vermin
- Working locks, windows, and doors
- Smoke detectors and carbon monoxide detectors
- Lead paint disclosure for pre-1978 buildings
Repair Obligations & Tenant Remedies
Rent Withholding
Rent withholding permitted under state law for serious habitability failures
New York does not have a statutory repair-and-deduct remedy. Tenants must typically pursue code enforcement or court action for habitability failures. Consult New York Real Property Law §§ 220 et seq. + Real Property Actions & Proceedings Law + Emergency Tenant Protection Act for current tenant remedies.
City-Level Rental Programs
New-York-City, NY — Rental Program Details
Registration Required
Yes
Fee Per Unit
$13/unit
Inspection Program
NYC Housing Preservation and Development (HPD)
Inspection Frequency
On complaint; annual building registration required
NYC HPD registration required annually for buildings with 3+ units (~$13/unit). Buildings must register an owner and managing agent with contact info accessible to tenants. NYC Housing Maintenance Code (HMC) mandates heat (68°F Oct 1 - May 31), hot water, pest extermination, and repairs. Rent-stabilized buildings have additional DHCR oversight. HPD conducts inspections on complaint and issues violations (class A, B, C by severity).
Governing Statute
New York Real Property Law §§ 220 et seq. + Real Property Actions & Proceedings Law + Emergency Tenant Protection Act
This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.