New York City is a city of renters, with about two-thirds (66%) of all households renting their homes rather than owning. It also has some of the strongest tenant protection laws in the country. However, while these laws exist, many tenants may not be fully educated on their renter rights, leaving them vulnerable to bad or neglectful landlords.
According to the Warranty of Habitability, landlords are required to keep residential properties safe, sanitary and fit for human living. This applies to written and oral tenant agreements, and establishes a number of basic standards for things like utilities, structural security, pest control, safety features and repairs. Any clause in a lease that attempts to eliminate this provision is automatically considered invalid under the law.
Understanding the ins and outs of NYC’s Warranty of Habitability can empower tenants to confidently request the repairs and amenities that they need to live in a safe and healthy home.
Read on to learn more about how the Warranty of Habitability can protect you and your family.
Heat and Hot Water
Landlords of multiple-dwelling buildings are required to provide heat for their tenants from the months of October through May. Between 6 a.m. and 10 p.m., if the temperature outside plunges below 55 degrees Fahrenheit, indoor temperatures must be maintained at at least 68°F. Overnight, if the temperature drops below 40° F outside, apartments are required to be heated to at least 55°F.
Tenants in multiple dwelling units must also be provided with both hot and cold water by their landlord.
Duty of Repair
Landlords are required to keep the property in “good repair”. Good repair means that the appliances and infrastructure must be in safe working condition. Public areas of the building are also covered by the Warranty of Habitability, meaning that they must be clean and free of pests, garbage and offensive material.
Appliances or systems that the landlord installed — such as refrigerators, stoves, or HVAC units — must be in safe working condition.
Tenants are encouraged to ask for repairs in writing. If the landlord violates any of the requirements listed in the Warranty of Habitability, the tenant can initiate an HP Action.
The HP Action, or Housing Part, is a legal proceeding that enforces the repair and maintenance obligations of landlords after a complaint has been submitted. Learn more about starting an HP action here.
Crime Prevention
If you can prove (by providing things like photos of the poorly maintained area or evidence of broken doors/windows/locks) that a break-in or another crime involving an intruder could have been the result of the landlord’s poor maintenance of your building, like their failure to fix a broken front door lock, you may be able to sue the landlord for damages in court.
Public areas of the apartment building are also covered in the warranty of habitability, and landlords are required to take reasonable measures (i.e. repairing a front gate, making sure doors lock properly, etc) to prevent criminal activity.
Also Read: Mamdani’s First ‘Rental Ripoff’ Hearing Brings Hope and Skepticism
Window Guards
Landlords in New York City are required to install window guards at the request of a tenant and in any apartment where there is a child under ten years old. Landlords must also install window guards in windows of all public hallways, but not in windows that lead to a fire escape.
Both landlord and tenant have a duty in this clause. Tenants must notify their landlord of any children living with them, or present in their apartment for child care services. Tenants cannot refuse installation of the window guards and should not take down or alter the guard once in place. Landlords must give tenants an annual notice about their right to window guards, and must only install guards approved by the Department of Health and Mental Hygiene.
Also Read: ‘Hidden Truth’: NYC Landlords Allegedly Use ICE Threats to Intimidate Immigrant Tenants
