Landlord won't make repairs? How to force it (NYC)

Here is the bottom line: in New York, your landlord is legally required to keep your apartment safe and livable, and you have real tools to force repairs when they stall. You do not have to move, and you do not have to just live with a broken heater, leaking ceiling, mold, or a roach infestation. This guide walks you through exactly what to do — from the first written notice to a court order that forces the fix — in plain English, with the NYC agencies and free legal help that back you up. Stay calm, keep a paper trail, and follow the steps below in order.

What the law says

Every residential lease in New York comes with something called the warranty of habitability, written into state law at Real Property Law section 235-b (RPL 235-b). It says your landlord must keep the apartment and the building fit for people to live in, free of conditions that are dangerous to your life, health, or safety. This right cannot be waived — even if your lease has a clause saying otherwise, that clause is void. It covers essentials like heat, hot water, working plumbing, a sound roof and walls, safe electrical wiring, and freedom from pests, mold, and lead paint hazards.

On top of the state warranty, New York City's Housing Maintenance Code spells out the specific standards landlords must meet, and the Department of Housing Preservation and Development (HPD) enforces it. When you complain, HPD can inspect and issue a formal violation. Violations are ranked by how serious they are — Class A (non-hazardous), Class B (hazardous), and Class C (immediately hazardous, such as no heat, no hot water, lead paint, or a broken lock). The more serious the class, the faster the landlord is legally required to fix it, and the bigger the penalties for ignoring it.

You are also protected from payback. Under Real Property Law section 223-b, it is illegal for a landlord to retaliate against you — with an eviction, a rent hike, or refusing to renew your lease — because you complained about conditions or contacted a government agency. If a landlord takes such an action within one year of your complaint, the law generally presumes it was retaliation, and the burden shifts to the landlord to prove otherwise.

What to do — step by step

1. Document the problem in detail. Take clear, dated photos and videos. Write down when the problem started, every time it affects you, and any health effects (for example, a child's asthma from mold). Keep a simple log. This record is the single most valuable thing you can build, and it wins cases.
2. Notify your landlord in writing. A phone call is easy to deny later. Send a short, polite email or text — or a letter — describing the exact problem, the date, and a reasonable deadline to fix it. Keep a copy. Ask them to confirm when they will send someone. This written notice is what proves the landlord knew and had a chance to act.
3. Call 311 or file with HPD. If the landlord ignores you or drags their feet, report the condition to 311 (by phone or at the NYC 311 portal) or directly through HPD. Filing is free, and you can do it without the landlord learning your name. HPD will schedule an inspection.
4. Let the HPD inspector in and get the violation on record. When the inspector comes, show them every problem. If they confirm it, HPD issues a violation (Class A, B, or C) that orders the landlord to correct it by a set deadline. That official violation becomes powerful evidence.
5. Check your building's full record. Look up your address to see every open violation and complaint already filed. A pattern of violations strengthens your position. Use our who owns my building tool to find the owner and see the building's open HPD violations in one place.
6. File an HP action in Housing Court. If the landlord still won't fix things, you can bring an HP (Housing Part) proceeding in NYC Housing Court. This is a case you file to force repairs — you do not need a lawyer, and the filing fee is low (and can be waived if you can't afford it). A judge can order the landlord to make the repairs by a deadline and can impose civil penalties for each violation left unfixed.
7. Ask about a rent abatement. Because the landlord broke the warranty of habitability, a court can reduce (abate) the rent you owe for the period the apartment was not livable. The worse the condition and the longer it lasted, the larger the potential reduction. This is separate from — and safer than — simply withholding rent on your own.
8. Be very careful with "repair and deduct" or withholding rent. New York technically allows a tenant, in narrow circumstances, to make an emergency repair and deduct a reasonable cost from rent — but the rules are strict and easy to get wrong, and withholding rent without a plan can expose you to a nonpayment eviction case. Do not do either one without first talking to a tenant attorney or legal-aid group (all free options are listed below).

HPD violation classes and repair deadlines

When HPD issues a violation, the class tells you how serious the city considers it and how fast the landlord must act. Here is how the three classes compare in 2026.

If the landlord misses these deadlines, HPD can perform an emergency repair itself and bill the owner, and unfixed violations rack up civil penalties that a Housing Court judge can order the landlord to pay.

Where to get free help

• NYC 311 — the fastest way to report no heat, no hot water, or any dangerous condition. Call 311 or use the online portal. Free, and available in many languages.
• HPD (Housing Preservation and Development) — files and tracks repair complaints, inspects, and issues violations. You can also look up your building's violation history.
• NYC Housing Court Answers — a nonprofit hotline that walks tenants through HP actions and court paperwork, free of charge.
• Legal Aid Society and Legal Services NYC — free legal representation for low-income tenants in housing cases.
• NYC Tenant Helpline / HRA Office of Civil Justice — connects you to free legal help; NYC has a Right to Counsel for many tenants facing eviction.
• NYS Attorney General's Tenants' Rights line — guidance on habitability, deposits, and landlord conduct statewide.

You can also browse plain-English explainers and forms in the CertRent resource library, including our full guide to NYC renter rights.

Frequently asked questions

How do I file an HPD complaint about repairs?

Call 311 or file online through HPD. Describe the exact problem and your apartment number. HPD will try to notify the landlord and, if the issue isn't fixed, schedule an inspection. If the inspector confirms the condition, HPD issues a violation ordering the landlord to correct it. Filing is free and you don't have to reveal your name to the landlord.

What can I do if my landlord retaliates for complaining?

Retaliation is illegal. Under RPL 223-b, a landlord may not evict you, raise your rent, or refuse to renew your lease because you reported bad conditions or called a city agency. If any of those happen within a year of your complaint, the law presumes it was retaliation and the landlord has to prove it wasn't. Save your complaint records and get free legal help right away.

Can I withhold rent until the repairs are made?

Be careful. New York lets a court reduce your rent because of bad conditions (a rent abatement), but simply not paying rent on your own can trigger a nonpayment eviction case. The safer path is to document everything, get HPD violations on record, and either raise the conditions as a defense if the landlord sues, or file your own HP action. Talk to a free legal-aid group before withholding a single dollar.

What if the problem is mold, lead paint, or pests?

These are serious and often qualify as hazardous (Class B) or immediately hazardous (Class C) violations. In NYC, landlords must fix mold and safely address lead paint — especially where a child under 6 lives — and must keep the unit free of pests. Report these to 311/HPD, and note any health effects in your log. Large mold areas and lead hazards get the fastest correction deadlines.

My building has no heat or hot water. How fast must it be fixed?

Immediately. Heat and hot water are Class C, immediately hazardous. During heat season (October 1 to May 31) your landlord must keep the apartment at least 68°F by day when it's below 55°F outside and 62°F overnight, and hot water at 120°F year-round. Call 311 the moment it's out. See our dedicated guide, no heat or hot water in NYC.

Do I need a lawyer to file an HP action in Housing Court?

No. An HP proceeding is designed so tenants can file it themselves. The filing fee is small and can be waived if you can't afford it. That said, free help is available — Housing Court Answers and legal-aid groups can guide you through the forms, and NYC's Right to Counsel provides free attorneys to many tenants.

Official sources

• NYC Department of Housing Preservation and Development (HPD) — file repair complaints, look up violations, and learn about inspections.
• NYC 311 — the fastest way to report no heat, no hot water, or a dangerous condition.
• NYC Housing Court (Civil Court) — how to start an HP action to force repairs.
• New York State Attorney General — tenant rights, the warranty of habitability, and how to complain.
• NYS Homes and Community Renewal (HCR) — statewide housing and tenant-protection guidance.
• NYC Human Resources Administration (HRA) — Office of Civil Justice and free legal help for tenants.

This guide is educational information, not legal advice. Facts current as of July 2026; laws change — verify with the official sources above, and for your specific situation talk to a tenant attorney or legal-aid group (many are free).