All tenants have the right to live in safe, clean, and habitable housing. Despite their obligations under New York State law, however, landlords often neglect their properties or fail to maintain minimum standards of habitability. In this section, you will find information regarding your rights regarding the condition of your housing, as well as potential ways to pressure your landlord to make necessary repairs.
As a tenant, you are entitled to certain rights that cannot be waived. These rights are legally protected, even if the lease agreement states that they are waived, the lease agreement is not documented in writing, there is no lease agreement, or your landlord claims that you waived them.
These rights are listed below and discussed in depth in various sections of this guide.
Habitability
Discrimination
Security Deposits
Additional Rights
Fees
Lease Termination
Good Cause Law
Other Unwaivable Rights Any agreement or lease clause is void if it:
In New York State, every rental agreement, whether written, oral, or implied, includes an unbreakable promise from the landlord called the “Warranty of Habitability.” This warranty is a guarantee that the rental unit and any common areas are safe, in good repair, and suitable for residential living. Essentially, it means your landlord is legally obligated to provide a space that is fit for you to live in and that can be used for its intended purpose as a home, consistent with reasonable expectations. Please refer to New York Real Property Law § 235-b.
Some common examples of conditions that may violate the Warranty of Habitability include, but are not limited to:
Your right to safe and habitable housing cannot be waived. The Warranty of Habitability always applies—even if your lease says otherwise, if you don’t have a written lease, or if your landlord told you about the issues before you moved in.
If your landlord is supposed to pay the utilities but doesn’t, your service can be shut off. However, the utility company must notify you first and give you a chance to prevent it. They should:
The notice will tell you how to contact the utility company. You might be able to pay the bills yourself and deduct that amount from your rent, but you should talk to a lawyer before doing this. It is a violation of the implied warranty of habitability if the tenant does not have access to water in their apartment, and the landlord is responsible for restoring access to water, regardless of who failed to pay.
The New York State Clean Indoor Air Act prohibits smoking and vaping in various locations to protect workers and the public from harmful secondhand smoke and vape aerosol. The Act defines smoking as burning tobacco, cannabis, or cannabinoid-hemp products. Some specific prohibitions include:
The person in control of the area where smoking and vaping are prohibited is responsible for compliance. Building owners can be fined up to $2,000 for each violation. Anyone can confidentially report violations to a local health department.
Smoking/vaping may be allowed in:
In some cases, if a pest infestation has ruined your furniture or property, the landlord may be liable for the damages if they failed to address the issue promptly or adequately.
A tenant may recover damages sustained as a result of the landlord’s breach of the warranty of habitability either by an affirmative action (such as a small claims court lawsuit) or as a percentage reduction of the rent in a nonpayment proceeding. However, a loss in value of personal property or damages for personal injuries or pain and suffering cannot be recovered under a warranty of habitability claim. Elkman v. Southgate Owners Corp., 233 A.D.2d 104, 105 (1st Dept. 1996). A different legal proceeding would be necessary to obtain compensation for those situations.
In general, the proper measure of damages is the difference between the fair market value of the premises as warranted (the rent) and the value of the premises in their defective condition. The court weighs the severity and duration of the conditions, as well as the steps taken by the landlord to fix them. If you have questions about how much rent abatement you may be entitled to, you should consult with a lawyer. Generally, courts have granted abatements of 10-20% for minor breaches, 30% for moderately serious breaches, and 50-60% for the most serious breaches.
Punitive damages may also be recovered for a breach of the warranty of habitability based on moral culpability and for its deterrent value. In determining the amount of damages, the court does not require expert testimony.
In determining the amount of damages that a tenant has sustained due to a breach of the warranty of habitability, the court need not require any expert testimony.
The warranty of habitability doesn’t cover every situation. It only applies to serious issues that make a home unsafe or unlivable for a reasonable person. Park W. Mgmt. Corp. v. Mitchell, 418 N.Y.S.2d 310, 315 (Ct. App. 1979). For example, a lack of air conditioning does not violate the Warranty of Habitability but may violate the terms of your lease agreement.
The mere existence of a code violation does not automatically translate into a breach of the warranty. However, once a code violation is shown, the tenant may present evidence concerning the extensiveness of the breach and its impact on their health, safety, or welfare. For example, malfunctioning fire alarms, combined with other hazardous conditions, can constitute a very minor breach of the implied warranty of habitability; however, a tenant will not recover more than a nominal amount as damages for this breach. Insufficient fire escape options in public areas may also constitute a violation of the implied warranty of habitability. (CLS Real P § 235-b). In such cases, a tenant should call code enforcement if the landlord is not cooperative in remedying the safety issue.
A certificate of occupancy (CO) is issued by a local government or building department to certify that a building complies with applicable building codes and is safe for occupancy. It is typically required for new construction, major renovations, or changes in the use of a property. Similarly, a certificate of compliance (CC) ensures that a rental property meets local housing codes and safety standards, often as part of a rental registry program. Landlords are legally obligated to obtain these certificates before renting out properties. Without a valid CO or CC, a landlord may not legally collect rent, and tenants may have grounds to withhold rent or terminate the lease.
A bed bug infestation is a serious issue that violates the Warranty of Habitability, making the landlord responsible for addressing the problem.
Any defects that violate the Warranty of Habitability are generally the landlord’s responsibility to repair, unless caused by the tenant, occupants, or guests.
Tenants should promptly notify their landlord of any issues in writing, ensuring they retain proof of communication. While landlords must address repairs within a reasonable timeframe, emergencies should be prioritized. To establish a written record, tenants should submit repair requests in writing (letter, text, or email), including their name, address, and date. Using certified mail provides proof that the landlord received the request. Tenants should keep documentation of the issue, such as photographs, videos, logs, code enforcement reports, mold test results, and medical reports.
There is no strict time limit for how long your landlord can take to make a repair but, generally, emergencies should be fixed as soon as possible.
It is important to have proof that you told your landlord about the problem. It is always best to put requests for repairs in writing. This will help you create a written record if your landlord refuses to make the repair or ignores your request. If you tell your landlord about the problem by phone or in person, it is a good idea to follow up by letter, text message, or email. Be sure to put your name, address, and date on any letter. It is important to save copies of any communications with your landlord. If you send a letter, you can send it via certified mail so that you have evidence that the landlord received the letter.
If your landlord continues to avoid repairs, you may consider contacting code enforcement officers in your municipality. In the City of Ithaca, the Building Division can be reached at (607) 274-6508. If you live outside the City of Ithaca, you can likely find contact information for your local code enforcement office online. If possible, try to be present during the inspection so you can show the inspector the problems.
If the issue violates any laws or codes, the code enforcement officer should make a report and can pressure the landlord to make repairs by charging fines. It is important to request a copy of any reports in writing, as these are often the best evidence that something needs to be fixed.
Tompkins County Code Enforcement Contact Information:
Risks: Be aware that if the issue is a serious health or safety risk, the code enforcement officer may condemn the property and order you to leave. This should only happen in extreme circumstances. If this happens, you are entitled to a hearing and should contact an attorney immediately.
One option when your landlord fails to make a repair is to fix the problem yourself and deduct the cost from your rent. This should be used as a last resort. If you choose this option, proceed cautiously and follow these steps carefully:
Risks of Repair and Deduct
It is crucial to understand that even if you follow all the proper steps, your landlord can still sue you for non-payment of rent. The process begins with a 14-day written notice demanding the deducted amount. If the case goes to court, you must prove that the repairs were necessary and the costs were reasonable, which makes thorough documentation essential. If the judge sides with the landlord, you will have to pay the full amount to avoid eviction. For this reason, it is highly advised that you save the deducted rent in a separate bank account until the issue is resolved; this demonstrates good faith to the court and ensures you have the funds available if needed.
If your landlord refuses to make necessary repairs, you may consider withholding your rent. This should also be used as a last resort. If you choose to withhold rent, proceed cautiously and follow these steps:
Withholding rent is a high-risk strategy. Your landlord can, and likely will, start a non-payment eviction case against you. The process begins with a 14-day written notice demanding the rent. If the case goes to court, your defense will be that the landlord breached the Warranty of Habitability, and you will need strong evidence to prove it. A judge will decide the value of the defective conditions and determine how much rent you actually owed. If the judge decides you withheld too much, you will have to pay the difference immediately to avoid being evicted. This is why it is essential to save all the withheld rent money in a separate account.
Going to court is a serious step, but sometimes it is the only way to force a landlord to make necessary repairs, stop illegal behavior, or return money that rightfully belongs to you. Before filing a lawsuit, it is always a good idea to put your complaints in writing and give your landlord a reasonable chance to fix the problem. Always keep copies of your emails, texts, letters, and photos of the issues.
Understanding “Rent Abatement” If you are taking your landlord to court because your apartment was unsafe or unlivable (which is a violation of the “Warranty of Habitability”), you have the right to ask the judge for a rent abatement.
Depending on what you are trying to achieve, there are different types of courts and lawsuits you can use. The two most common paths for tenants are Small Claims Court and filing a petition under the Tenants Dignity and Safe Housing Act.
Depending on the situation, you may want to consider suing your landlord in small claims court. You may want to consider filing a claim in small claims court if:
The defendant (the landlord) must reside, work, have a place for doing business, or own property that the tenant was/is renting in New York. The action should be brought where the Defendant resides, does business, or has regular employment when the action is started. If the defendant owns the property the tenant is/was renting in a county, the tenant can use the mall claims court in any City Court in the county.
If you live in Tompkins County, a small claim can be filed in the Town or Village Justice Court of your municipality or the Ithaca City Court. You do not need to live in the City of Ithaca to file in Ithaca City Court, but you or your landlord must reside in Tompkins County.
If you live anywhere in Upstate New York (outside of New York City and Long Island), the rules for where you can file your small claims case depend on where your landlord is located and which court you choose.
The General Rule: In New York State, you cannot simply file a lawsuit in the court that is most convenient for you. You must file your small claims case in a court that has authority (jurisdiction) over your landlord. This usually means the landlord must live, work, or have a place of business within the court’s geographic boundary.
The “Rental Property” Exception for Tenants: If you are suing your landlord over a dispute related to your tenancy (such as an unreturned security deposit), the law gives you a special exception. You are allowed to file your case in the court that covers the city, town, or village where your rental apartment is located, even if your landlord lives somewhere else in New York State.
In Town and Village Courts, the monetary limit for a small claim is $3,000. In City Courts, such as Ithaca City Court, the monetary limit is $5,000. If the amount you want to claim exceeds the small claims court monetary limit, you should consult an attorney for advice; you may have additional options such as a civil claim in City Court, County Court, or State Supreme Court. Civil suits typically require the counsel of an attorney.
Filing Your Claim in Ithaca City Court
Important Details for Your Application
Describing Your Claim (for Security Deposits)
Preparing for Court
Starting in January 2024, New York State law introduced a simplified court process to help tenants force their landlords to make necessary repairs. Under this law, you can file a “Petition for Judgment Directing Repairs” in court. This allows you to sue for housing code violations or breaches of the warranty of habitability without immediately risking eviction. The Act is codified at Real Property Actions and Proceedings Law 7-D. This process is intended to be more accessible and efficient for tenants seeking repairs or other forms of relief. The Act enables tenants to file a Petition for Judgment Directing Repairs. The tenant requests that the judge issue an order directing the landlord repair conditions violating local and state housing standards or the warranty of habitability. Tenants may request any additional relief. By addressing housing disrepair through legal action, tenants are less likely to face eviction due to living conditions that are not their fault.
The tenant is called the “Petitioner,” and the landlord is called the “Respondent.” The Petitioner must have lived in the home for at least 30 days. The Respondent may be the person or legal entity (such as corporation or LLC) holding title to the real property or an ownership interest in the property; OR anyone who has a legal obligation to maintain the premises consistent with the warranty of habitability, such as owners, mortgagees, vendees in possession, assignees of rents, receivors, executors, trustees, lessees, agents, or any other person, firm, or corporation directly or indirectly in control of the dwelling; OR the public housing authority that owns or manages the property. The tenant may file this lawsuit in a county court, justice court, district court, or city court; however, the apartment or unit must be within the jurisdictional area of the court.
Courts may order (1) repairs directing the landlord to conduct necessary repairs based on New York’s property code standards; (2) monetary judgments awarding tenants compensation for the diminished value of the property due to code violations; (3) rent reductions that reduce future rent payments until the violations are addressed; and (4) other amounts that are just and proper or necessary to make the tenant whole. Examples of “other amounts that are just and property” may include: reimbursement for damaged property; reimbursement for money the tenant paid to make initial repairs, such as bug spray; and reimbursement for mold tests or other testing.
Before going to court, you must first notify your landlord of the problem in writing and allow a reasonable time for the them to make repairs. Save the written notification (email, text, or certified letter) to show the judge.
If repairs are not made, proceed to filing a petition. Standard forms for commencing a proceeding under theTenants Dignity and Safe Housing Act can be found on the New York Courts website, available at https://ww2.nycourts.gov/forms/landlordtenant/index.shtml. The forms are designed to be accessible to tenants without legal expertise, but you may still want to seek assistance from a legal aid organization or tenant advocacy group. Court clerks are available to assist tenants in completing and serving the necessary forms. Tenants must bring three copies of the following to the court clerk: 1. Notice of Petition for Judgment Directing Repairs; 2. a Petition for Judgment Directing Repairs, 3. Order to Show Cause for Judgment Directing Repairs; and 4. Information Addendums (only if you run out of space to list everyone involved). If the petitioner runs out of space to list all of the petitioners or all of the respondents, the petitioner must add an Information Addendum, which is also available on the website. If the tenant cannot afford the court filing fee, the tenant should ask the clerk for a fee waiver application.
The Tenant/Petitioner initiates the proceeding by filing a notice of petition and petition with the clerk of the court. The tenant next has to serve the notice of petition and petition on the respondent(s) at least ten and not more than seventeen days before the court date.
The tenant has several ways to serve the petition and notice of petition.
The tenant cannot just hand the papers to the landlord. They must officially “serve” them. Serving means giving legal notice in a very specific way required by law. If you don’t serve them correctly, your case could be delayed or dismissed. The tenant must arrange for someone else (the “server”), who is age 18 or older, such as a friend or professional process server, to deliver the documents. They must serve copies of the papers on each respondent in the case. Service is not complete until proof of service is filed.
Papers must be served at least ten and not more than seventeen days before the time at which the petition is to be heard (the scheduled court date)
The papers must be filed with the court and a filing fee must be paid before you can serve your papers on each respondent. If you cannot afford to pay the filing fee, you can ask the court to waive the fee by completing and filing a fee waiver application. Bring the original and two copies of the following completed papers to court. (1) Notice of Petition for Judgment Directing Repairs [Form UCS-LT12A]; (2) Petition for Judgment Directing Repairs [Form UCS-LT12B]; (3) Petitioner Information Addendum [UCS-LT12D], if applicable; (4) Respondent Information Addendum [Form UCS-LT12E], if applicable; (5) Supporting papers, if any; (6) Affirmation in Support of Application to Waive Court Fees and Costs [Form UCS-FW1], if applicable
There are several legal ways to serve your landlord. You can choose the method that works best for you. Keep careful records of how and when you served them.
The easiest method of serving your landlord is to mail a copy of the papers to the address where local property tax bills are sent. If your lease states where the landlord prefers to have legal papers sent, you can also send the papers to that address. After mailing the papers, you must go to the court and file a Proof of Service within three days after serving your landlord. The second easiest method is to have a third-party, such as a friend or process server, hand the papers directly to your landlord.
If you’re not sure where local property tax bills are sent, try one of the following:
Additional information regarding service can be found below. It is recommended to contact an attorney rather than trying these options yourself.
Option 1: Personal Service (Delivering it Directly):
This is often the most reliable method. It involves physically handing the court papers (the “Notice of Petition and Petition”) to the landlord or someone authorized to receive papers for them. The specific person you need to serve depends on what type of landlord you have (see below). It is important to note that you cannot personally deliver the papers to your landlord yourself. You must have a third-party, such as a friend or process server, deliver the papers to your landlord.
Important for Personal Service:
Option 2: Alternative Service by Mail (Certified and First-Class Mail):
This is a simpler alternative to personal service. You can serve the landlord by mail if you send the court papers in two ways:
○ The address where local property tax bills for the building are sent.
○ OR, if your city or town has a rental registry, you can mail it to the address listed for the property in the rental registry.
Important for Mail Service:
Who Can Serve the Papers?
The court will not hear your case unless you prove you served the landlord correctly.
You must fill out an “Affirmation of Service” form. This form details exactly who, when, where, and how the papers were delivered.
You must file this form with the court clerk within three (3) days after the landlord is served.
If you served by mail, be sure to attach your certified mail receipts.
“Proof of service” is a form you must fill out and file with the court to show that you properly served the landlord. It usually asks for information like:
You can usually get a “Proof of Service” form from the court clerk or the court’s website.
Filing Proof of Service:
You must file proof with the court that you served your papers on each respondent. You may use the following form to provide proof of service: Affirmation of Service – Proceeding for Judgment to Direct Repairs [UCS-LT12G]
The law recognizes that sometimes it’s hard to serve someone. If you’ve tried the methods above and are having significant trouble serving your landlord, you can ask the court for permission to serve them in a different way. You would need to file a motion with the court explaining what you’ve tried and why it hasn’t worked, and ask the court to approve an alternative method of service. It is highly recommended to seek legal advice from a lawyer or tenants’ rights organization if you are having trouble serving your landlord.
Important Reminders:
Working together with other tenants is far more effective than working alone! If your landlord is ignoring your requests, they are probably doing the same to other tenants. Organizing can create collective pressure for repairs and better conditions.
Generally, it is unlawful for a landlord to retaliate against a tenant for complaining about or reporting problems with a rental unit. While it is unlawful, it is certainly not uncommon. Common examples of retaliation may include a landlord (1) trying to increase your rent an unreasonable amount, (2) refusing to renew your lease, (3) harassing you, or (4) trying to evict you.
It is important for a tenant to document instances of landlord retaliation to present in court if the tenant chooses to bring a claim. New York State law allows tenants to sue landlords for such retaliation. A court may order your landlord to pay you monetary damages, including attorney’s fees and costs. Additionally, the court may order your landlord to stop the retaliation or to otherwise fix the retaliatory situation.
If a landlord tries to evict a tenant within one year of you making a complaint about any issues with the property, the tenant can raise “retaliation” as an affirmative defense – this is information that the tenant can raise to defend against the landlord’s eviction claim. This may prevent the landlord from evicting you from your home. However, this protection does not apply to owner-occupied dwellings with fewer than four units. Please refer to New York Real Property Law Section 223-b.
Examples of retaliation include:
If issues with a property make it unlivable and you are forced to leave because of a threat to your health and safety, this may be considered a constructive eviction. This occurs when the landlord’s wrongdoing or negligence forces the tenant to abandon the property. If you are constructively evicted, the lease ends and you are no longer responsible for paying rent. See Barash v. Pennsylvania Terminal Real Est. Corp., 26 N.Y.2d 77 (1970); RPL § 227.
To claim constructive eviction, you must:
This remedy is for severe issues, such as a complete lack of water, no heat in winter, or other clear and severe health risks. If you move out and a court later finds it was not a constructive eviction, you may still be responsible for the rent. It is strongly recommended that you speak with an attorney before taking this step.
A constructive eviction does not require a physical eviction by a landlord or others (e.g. physically removing your belongings from the property or changing the locks). Instead, a constructive eviction happens when a tenant is not able to live in their rental unit because of some wrongdoing or negligence by the landlord that forces the tenant to leave. If a landlord refuses or ignores requests to make a necessary repair, this may be considered wrongdoing or negligence for purposes of a constructive eviction. If a tenant is constructively evicted, then the lease agreement ends and the tenant is no longer responsible for paying rent. Please refer to Barash v. Pennsylvania Terminal Real Est. Corp., 26 N.Y.2d 77, 83, 256 N.E.2d 707, 710 (1970) & New York Real Property Law Section 227.
It is important to note that the issues with the apartment must make the apartment unlivable, and the landlord must know about the problem. A tenant must also (i) give the landlord a reasonable amount of time to fix any issues; and (ii) abandon the leased premises, before the tenant can claim constructive eviction.
For example, if there is mold growing on your ceiling caused by a leak in the roof, this likely violates the warranty of habitability and should be repaired by your landlord. This situation would not likely justify moving out and breaking your lease unless the mold became a serious health and safety risk to you or other tenants and your landlord refuses to repair it or ignores your requests.
Constructive eviction generally requires that there be significant issues with a property, such as lack of water, no heat in the wintertime, asbestos, or any other clear and severe risks to health and safety. Additionally, if you choose to move out and it is not actually a constructive eviction, you may still be responsible for rent. It is recommended that you speak with an attorney if you find yourself in this position.
Risks
It is highly recommended to consult a lawyer prior to moving out and claiming a constructive eviction. If your landlord disagrees with your moving out, they may file a lawsuit against you for unpaid rent or breach of the lease.
Is My Landlord Responsible for Stolen Packages or Break-Ins? Generally, your landlord is not an absolute insurer of your safety, meaning they are not automatically responsible every time a crime happens in the building. However, they have a legal duty to provide reasonable security measures.
Your landlord can be held legally responsible for stolen packages or burglaries if you can prove the theft happened because of their carelessness (negligence).
The Right to a Safe Home (Warranty of Habitability) Under New York law, every tenant is protected by the “Warranty of Habitability.” This is an implied promise that your apartment will be safe and fit to live in.
“Not Responsible” Lease Clauses You might see a line in your lease that says the landlord is “not responsible for any lost, damaged, or stolen property.” Landlords often write this into contracts to scare tenants away from suing.
What You Should Do: If your apartment is unsecure, immediately request repairs in writing and keep a copy of your request. If a theft occurs, file a police report right away.
The covenant of quiet enjoyment is an implied term in every lease that the tenant shall have quiet and peaceful, undisturbed possession of the leased premises against the lessor. The covenant requires the landlord to refrain from action which interrupts the tenant’s beneficial enjoyment.
The covenant of quiet enjoyment covers the following:
Tenant remedies for a breach of the covenant of quiet enjoyment are the same as those for a breach of the warranty of habitability.
A nuisance is a condition that is considered unlawful and can be the basis for legal action. The term “nuisance” can be broadly defined, but generally, it involves something that is dangerous, unhealthy, or interferes with someone’s use or enjoyment of their property. There are several ways that a nuisance can be defined and interpreted in the sources, particularly in the context of landlord-tenant law.
A nuisance can refer to a tenant’s behavior or the condition of the premises. A tenant can be considered to be committing a nuisance if their actions are unreasonable, unlawful, or cause annoyance, inconvenience, discomfort or damage to others. This can include activities that disturb neighbors, damage property, or create unsanitary conditions.
Tenant Behavior:
What is NOT a Nuisance:
