NYC Landlord Repair Responsibilities

In New York City, an owner must keep every apartment and common area safe, sanitary and in good repair: that is both a promise built into every lease by state law (the warranty of habitability) and a set of specific duties in the city’s Housing Maintenance Code. How fast you must fix something depends on how dangerous it is: HPD gives owners 24 hours for most immediately hazardous conditions, 30 days for hazardous ones and 90 days for non-hazardous ones once a violation is issued, with special deadlines for heat, lead, mold, pests and self-closing doors.

This guide is for owners and managers. It summarizes the law and the NYC Department of Housing Preservation and Development’s (HPD) own owner guide. It is general information, not legal advice.

Two layers of duty

The warranty of habitability (state law)

Real Property Law § 235-b reads a promise into every residential lease, written or oral: the apartment and the common areas are fit to live in, and occupants will not be subjected to conditions that are dangerous, hazardous or detrimental to their life, health or safety. A lease clause that waives this is void as against public policy. The exception is a condition caused by the tenant’s own misconduct or that of people under the tenant’s control. In a dispute, a court can award tenants damages for the breach, and it does not need expert testimony to do so.

The Housing Maintenance Code (city law)

The Housing Maintenance Code (HMC) and the state Multiple Dwelling Law spell out specific obligations, and HPD enforces them with inspections and violations. HPD’s owner guide lists the core duties. Among other things, owners must:

• Provide and maintain security measures, heat, hot and cold water, and good lighting.
• Address leaks, mold and pest problems promptly, and inspect for them each year.
• Provide smoke and carbon monoxide detectors and keep fire exits clear.
• Comply with lead-based paint, window guard and stove knob cover rules, and send the annual notices.
• Rent only space that is legal for living under the Certificate of Occupancy.
• Keep records on lead paint, mold and self-closing door compliance.

Common repairs, the rule and the deadline

The deadlines below are the time HPD gives an owner to correct a condition after a violation is issued, before civil penalties start to accrue. The warranty of habitability has no fixed clock: it requires a reasonable response, and serious conditions call for an immediate one. Do not wait for a violation.

HPD’s owner guide lists mold as a 21-day condition when there is more than 100 square feet of it in a building with 10 or more units. Separately, in buildings with 10 or more units, a violation covering more than 10 square feet of mold must be remediated by licensed mold assessors and remediators, or extra penalties can apply. Read each Notice of Violation for the exact order and deadline that applies.

Getting into the apartment to make repairs

Tenants must let the owner, an agent or a contractor in to inspect, repair or make improvements required by law. The owner must give notice in advance, in writing, of the day and time. HPD says the appointment must be between 9am and 5pm on weekdays unless the tenant agrees otherwise. For urgent conditions, such as a gas or water leak, a stopped-up drain, a leaking roof or a dangerous ceiling, no advance notice is required. Anyone entering for the owner must be able to show they are authorized.

What happens when a condition is reported

1. 1

   Complaint

   Tenants complain through 311. If your HPD registration is current, HPD contacts your managing agent (or you) by phone or email.
2. 2

   Inspection and violation

   HPD inspects and issues violations by class. On every inspection it also checks detectors, window guards, locks, self-closing doors, peeling paint where a young child lives, mold, pests and the posted fire safety notice.
3. 3

   Repair and certify

   Fix the condition within the period, then certify the correction to HPD (eCertification or the mailed forms). See How to certify HPD violation corrections.
4. 4

   Reinspection

   HPD has 70 days to try to reinspect. If it cannot, most violations close on your certification; lead-based paint corrections must be observed by HPD.
5. 5

   If you do not fix it

   HPD may make the repair through its Emergency Repair Program and bill the property through the Department of Finance, with unpaid charges becoming a tax lien. HPD can also seek civil penalties in Housing Court, and buildings with many open violations can be selected for enhanced enforcement such as the Alternative Enforcement Program.

What tenants are responsible for

HPD’s tenant guide says tenants may not damage the building, are responsible for their guests, must answer the annual window guard and lead paint inquiries, must maintain smoke and CO detectors, and must provide access for repairs. Under the warranty, a condition the tenant caused does not count as the owner’s breach. That does not mean you can leave it unfixed: HPD can still issue a violation against the building, so make the repair and keep a record of what caused it.

Practical habits that prevent violations

• Walk the building monthly: hallway doors, lighting, stair treads, roof door, fire escapes.
• Before each heat season, service the boiler and test heat in the coldest apartment.
• Do the annual mold and pest inspections required by the indoor allergen law (see Local Law 55 for owners).
• Send January notices on window guards, lead paint and stove knob covers on time; HPD’s stove knob notice is due by January 16.
• Check your building’s open violations on Roofy’s building lookup and certify every corrected one.

For heat specifics, see NYC heat and hot water rules for landlords. For violation classes in depth, see HPD violation classes explained. Put every recurring deadline in the landlord compliance calendar.