New York City, New York: habitability & repair laws

Verified August 30, 2026 New York habitability law →

New York City writes its own habitability standards into the Housing Maintenance Code, which fixes minimum indoor temperatures across a heat season running October 1 through May 31, puts square-foot thresholds on mold and names the pests that count, carries the city's lead paint duties, and is enforced by the Department of Housing Preservation and Development rather than through the state warranty.

Cited to NYC Admin. Code § 27-2003 — Applicability of the Housing Maintenance Code and 45 more cited sources · Verified August 30, 2026

Heat is a duty to supply temperatures, measured in each living space: at least 68 degrees Fahrenheit from 6 a.m. to 10 p.m. whenever it is below 55 degrees outdoors, and at least 62 degrees from 10 p.m. to 6 a.m. with no outdoor condition at all. Hot water is separate and year-round, at a constant 120 degrees between 6 a.m. and midnight. Mold of thirty square feet or more in a room is an immediately hazardous violation, ten to thirty square feet is hazardous, and less than ten square feet is non-hazardous; cockroaches, mice or rats anywhere in a unit or common area are immediately hazardous. Owners must investigate every occupied unit yearly for mold and pests, clear both before a vacant unit is relet, and in pre-1960 buildings run the lead regime — a presumption that the paint is lead-based, a yearly investigation and a January inquiry about children, one analyzer-based investigation by an independent certified inspector, and remediation works that since 2024 reach occupied units on their own deadlines rather than only at turnover. Correction periods run 90 days, 30 days and 24 hours by class, with 21 days instead for mold, roach, mouse, rat and lead conditions. The penalties are steep — heat and hot water alone run $350 to $1,250 a day — but they are payable to the city, so what a tenant gains from this layer is a court order directing repair, not money.

New York City habitability law at a glance

What the local law is called Housing Maintenance Code, enforced by the Department of Housing Preservation and Development
What it changes for a tenant here What must be fixed · How fast · What the tenant can do
Local heat standard A duty to supply heat or maintain temperatures while the unit is occupied
In the published city code Yes — cited to the published compilation

What must be fixed

The code opens with a general duty: the owner of a multiple dwelling must keep the premises in good repair and is responsible for compliance with the rest of the code except where a duty falls on the tenant alone, and the owner of a one- or two-family dwelling owes the same repair duty unless a written lease or other written contract shifts it. An owner of a multiple dwelling must also post notice at least 24 hours ahead of any planned interruption of heat, hot water, cold water, gas or electricity expected to last two hours or more, and post notice as soon as practicable where an unplanned interruption in fact runs that long. On top of that general duty the city quantifies conditions the state warranty leaves open. Mold: visible mold measuring in total less than ten square feet in a room within a dwelling unit is a non-hazardous violation, ten to thirty square feet is a hazardous violation, and thirty square feet or more is an immediately hazardous violation — mold on tile or grout is excluded from the schedule altogether — while in common areas thirty square feet in any one room or any one level of a hallway, or fifty square feet in the aggregate, is hazardous and anything below that is non-hazardous; an uncertified or falsely certified violation whose mold persists in the same room escalates one step. Pests: the presence of cockroaches, mice or rats in any room of a dwelling unit or in a common area is an immediately hazardous violation, while an infestation by any other pest is a hazardous violation and only where the department so determines. An owner must keep the premises free of pests and other indoor allergen hazards and of conditions conducive to them, must remediate the condition and any underlying defect — a leak, water infiltration, defective masonry pointing, other moisture, or holes and entry paths — and must investigate every occupied unit and the common areas for those hazards at least once a year, and more often when the owner knows or should know of a condition, when an occupant complains or simply asks for an inspection, or when the department issues a violation or orders a correction. Before any vacant unit is reoccupied the owner must remediate all visible mold and pest infestations and any underlying defects, thoroughly clean and vacuum all carpeting and furniture the owner supplies, and certify that compliance in writing to the incoming tenant. Pest work follows the code's own integrated pest management practices — physically removing nests, waste and debris by high-efficiency particulate air vacuuming or washing, sealing holes, gaps and cracks around pipes, cabinets and baseboards, fitting door sweeps that reduce gaps to no more than a quarter inch, and repairing the drains and plumbing that give pests water — with pesticides expressly not a substitute for those measures and any pesticide applied by a state-licensed professional. Mold work has eight practices written into the statute itself, running from correcting the underlying moisture or leak defect through isolating the work area and controlling dust, cleaning the mold with soap or detergent and water, discarding materials that cannot be cleaned properly, and leaving the work area dry and visibly free of mold, dust and debris. Lead: in a multiple dwelling erected before January 1, 1960 the paint in a unit where a child of applicable age lives, and in the common areas, is presumed to be lead-based paint unless the owner rebuts the presumption with certified testing or holds a departmental exemption, and peeling lead-based paint, or such paint on a deteriorated subsurface, in that unit or in a common area is in the statute's own words a class C immediately hazardous violation. The owner must investigate at least once a year for peeling paint, chewable surfaces, deteriorated subsurfaces, friction surfaces and impact surfaces — in pre-1960 buildings where a child of applicable age lives, and in buildings put up between 1960 and 1977 where such a child lives and the owner has actual knowledge that lead-based paint is present — and must have one investigation of the unit and the common areas performed with an x-ray fluorescence analyzer on all types of surfaces by an independent inspector or risk assessor certified under the federal rules. The turnover works in pre-1960 buildings are four duties: remediate every lead-based paint hazard and any underlying defect; make all bare floors, window sills and window wells smooth and cleanable; remove or permanently cover all lead-based paint on the friction surfaces of doors and door frames; and do the same on the friction surfaces of windows, or install replacement window channels or slides. Paint counts as lead-based at 0.5 milligrams of lead per square centimetre or more, or at more than 0.25 per cent metallic lead by weight, under the department's rule, and lead-contaminated dust means 5 micrograms per square foot on floors, 40 on window sills and 100 on window wells. Work that disturbs lead-based paint follows three graded regimes of safe work practices, clearance dust testing after the work must be done by an independent third party, and a notice of commencement must be filed with the health department at least ten days ahead where the work will disturb more than one hundred square feet of such paint in a room or remove two or more windows. Finally, the city's rules make the central heating plant its own yearly duty: every portion of the central heating or hot water system located in the public parts of the building must be inspected by a qualified person — a plumber, oil burner installer, high pressure boiler operating engineer or portable high pressure boiler operating engineer licensed by the city, a boiler inspector holding a state certificate of competence, a certified employee of a public utility, a qualified energy auditor, an employee of the owner holding a fire department certificate of fitness for pre-heated oil burners, or a departmental energy-conservation employee engaged by the owner — and a report filed on the department's own form, with the person preparing it certifying that they are qualified and the owner certifying the same.

The local heat standard

The city's heat duty is a duty to supply temperatures, not merely to install equipment capable of reaching them, and it is measured in every portion of the dwelling used or occupied for living purposes rather than as a building average. From October 1 through May 31 — the heat season — centrally supplied heat must maintain at least 68 degrees Fahrenheit between 6 a.m. and 10 p.m. whenever the outside temperature falls below 55 degrees, and at least 62 degrees between 10 p.m. and 6 a.m. with no outside-temperature condition at all. The duty to have heat in the first place reaches every multiple dwelling and every tenant-occupied one- or two-family dwelling; where approved gas or electric unit heaters stand in for a central system, their capacity, number and location must furnish the same standard of heat and hot water supply, the owner must keep each heater in good repair and operating condition whoever originally owned or installed it and must instruct each successive tenant in safe operation, though the owner need not pay for the gas or electricity the heaters use unless otherwise agreed. Through the same October-to-May period no device may be attached to a required central heating system that causes, or is even capable of causing, an otherwise operable system to become incapable of meeting the minimum heat or hot water requirement for any period of time — the bar catches the capability, not just the result — except a safety device required by law or by a city agency's rule. Hot water is a separate standard on a different calendar: a constant minimum of 120 degrees at every bath, shower, washbasin and sink, at all times between 6 a.m. and midnight, year-round rather than seasonally, with a floor of 110 degrees where balanced-pressure, thermostatic or combination mixing valves are fitted.

How fast

Correction periods run by violation class. The department's published guidance states the classes as A (non-hazardous), B (hazardous) and C (immediately hazardous) and gives the periods as 90 days for a class A violation, 30 days for a class B violation, and 24 hours for most class C violations — naming lead-based paint, window guards, heat and hot water as exceptions to check on the notice itself. The code sets the same three periods by category and supplies the detail the letters hide: the 90-day and 30-day clocks run from the date the notice is mailed, while service of an immediately hazardous notice by mail is deemed completed five days from mailing. The department may postpone a correction date where the owner shows, within the time set for correction, that prompt action was taken but the work cannot be finished because of technical difficulties, inability to obtain materials, funds or labour, or inability to gain access; for an immediately hazardous violation that showing must be made before the close of business on the next full day the department is open following the period set for correction. Two of the conditions readers ask about most sit outside the 24-hour rule: an immediately hazardous mold violation and an immediately hazardous cockroach, mouse or rat violation each carry 21 days after service, with any postponement capped at 14 days and barred entirely where the immediately hazardous mold violation was issued on re-inspection of an uncorrected hazardous one. Lead violations run on their own clock — 21 days for a class C violation and 30 days for a class B violation, service deemed completed three days from mailing, postponement capped at 14 days with one further 14 days where the paint has been stabilised. Certification of correction is due within 14 days after the correction date for non-hazardous and hazardous violations and within 5 days for immediately hazardous ones, and within 5 days for lead and for indoor allergen violations; a certified violation is deemed corrected 70 days after the department receives the certification unless the department re-inspects within that period and sets the certification aside, or 30 days where the owner files a contract of sale or a mortgage commitment letter for a transaction closing within 100 days. The department carries clocks of its own: it must inspect within 30 days of a mold or pest complaint — extendable between October 1 and May 31, or in a disaster, where its resources so require — and serve any resulting violation within ten additional days; on a lead complaint about peeling paint, a deteriorated subsurface or an underlying defect in a pre-1960 unit where a child of applicable age lives it must inspect no later than ten days after the complaint, make a further reasonable attempt within five days if it cannot gain access, and use an x-ray fluorescence analyzer; and after issuing a lead violation it must re-inspect within 14 days after the correction date and, where the condition persists, correct it itself within 45 additional days. Heat sits on a different footing: the notice is affixed at the premises rather than mailed, the daily penalty runs from and including the date it is affixed, and the condition is presumed to continue from that moment. The lead article also fixes a calendar. Each year, no earlier than January 1 and no later than January 16 — or from December 15 where the notice is enclosed with the January rent bill — the owner of a pre-1960 multiple dwelling must ask the occupant of every unit whether a child of applicable age lives there; the occupant answers by February 15, and where no answer comes and the owner has no actual knowledge the owner must inspect the unit at reasonable times on reasonable notice to find out, and must tell the health department where reasonable attempts to gain access between February 16 and March 1 fail. The one-time x-ray fluorescence investigation is due on the earliest of August 9, 2025, one year after a child of applicable age comes to live in a covered unit, or the date a health department order requires — so the deadline has already passed only for units that were covered when the requirement took effect, and it is still running forward for units a child moves into later. The turnover works are due at turnover and, since September 1, 2024, in occupied pre-1960 units as well: by July 1, 2027 where a child of applicable age lived there on January 1, 2025, and within three years after such a child begins to live there. Records demanded by the department must be produced within 45 days. And the certified central heating plant report is due on or before October 15 each year; an extension of the time to file, and to correct any defects the report discloses, must be applied for on or before that date, and the department grants no postponement requested after it.

What the tenant can do

The Housing Maintenance Code gives a tenant a route into court that state law alone does not supply. Where the department fails to issue a notice of violation within thirty days of a lawful occupant's request, or where a notice of violation is already outstanding, the occupant — individually or jointly with other occupants — may apply to the housing part of the civil court for an order directing the owner and the department to appear before the court. The order issues at the court's discretion for good cause shown, and where the court finds a violating condition it must direct correction and, if the owner does not correct within the code's time, must impose the civil penalty. A second route opens once the owner has missed the correction date and filed no certification: the tenant who requested the violation may apply for the same order after thirty days have elapsed from the correction date, and that thirty-day wait is waived outright where the violation is hazardous or immediately hazardous. The court may allow the tenant to serve the resulting order by certified or registered mail. Where the department does not re-inspect after a complainant reports that a certified correction was not in fact made, a tenant affected by the false certification has the right to apply to the court, which must assess appropriate penalties for a wilfully false certification. On heat and hot water there is a further step for the occupant: within five business days of receiving an owner's notice of correction the department must notify the occupant that it was filed, when the violation was reportedly corrected, and how the occupant may object. Both the indoor allergen article and the lead article add information rights and make waivers void — an owner must inform the occupant in writing of the results of each lead investigation and give a copy of the report, must make records of turnover work available to the occupant on request, and any agreement by an occupant purporting to waive the benefit or protection of either article is void, with a fine, possible imprisonment and a civil penalty for an owner who seeks one.

Who enforces it and how

Enforcement belongs to the Department of Housing Preservation and Development and is largely complaint-driven, though its inspectors carry standing duties of their own: on any entry into a unit for any code purpose they must make diligent efforts to find cockroaches, mice, rats or visible mold and must ask the occupant about them, and on entry into a pre-1960 unit they must find out whether a child of applicable age lives there and, if so, immediately inspect room by room for peeling paint. Civil penalties are payable to the city, not to the tenant. The general ladder is $50 to $150 for a non-hazardous violation plus $25 a day from the correction date until the condition is fixed; $75 to $500 for a hazardous violation plus $25 to $125 a day; and, for an immediately hazardous violation, $150 to $750 in a multiple dwelling of five or fewer units and $150 to $1,200 in a larger one, with daily amounts of $50 to $150 and $150 to $1,200 respectively. Heat and hot water sit outside that ladder in a paragraph of their own, at $350 to $1,250 a day for an initial violation and, under the paragraph that imposes the penalty, $500 to $1,500 a day for a subsequent violation at the same dwelling — the repeat measured over two consecutive calendar years for the duties to provide a heating system, hot water and working unit heaters, and over two consecutive October-to-May heat seasons for the minimum-temperature rule itself. Defeating a required heating system costs $50 a day and never less than $2,000. A first heat or hot water violation can be settled: correct within twenty-four hours of the notice being affixed, then file the department's prescribed notice of correction and pay $250 within ten days, and the daily penalties are deemed satisfied — a route closed off where the same dwelling had a violation of the same provision in the prior calendar year, or the prior heat season for the temperature rule, and a false notice of correction costs at least $250 more. False certification of correction costs $50 to $250, $250 to $500 or $500 to $1,000 by class; under the lead article it costs $1,000 to $3,000 and is a misdemeanour, and under the indoor allergen article $2,000 to $10,000 and the same misdemeanour. Failing to correct in accordance with the lead work practices costs $250 a day to a $10,000 ceiling, and failing to produce lead records within 45 days of a demand is itself a class C immediately hazardous violation carrying $1,000 to $5,000. Owners certify corrections through the department's online certification system or by mailed form, with lead-based paint violations, and mold or vermin violations in Alternative Enforcement Program buildings, excluded from the online route. An owner past the certification period instead files a dismissal request with a fee — $250 for a private dwelling, and $300, $400 or $500 for a multiple dwelling according to whether it has 1 to 300, 301 to 500, or 501 or more open violations — and the department uses best efforts to re-inspect and mail the inspection report within 45 business days, or within 90 business days between October 1 and May 31, refunding the fee on written application if it misses those periods. A dismissal request may be rejected where the building has pending departmental litigation, an uncollected judgment arising from such litigation, or an unpaid emergency repair charge. Under a 2023 amendment the department must publish, by January 15 of 2025 and each year after, a list of 100 multiple dwellings that both certified more than 20 hazardous or immediately hazardous violations as corrected in the prior calendar year and falsely certified at least four of them; for the following year it may not deem such violations at a listed building corrected unless it has attempted at least two re-inspections. It must also review the lead records of at least 200 buildings each fiscal year and inspect those buildings. Unpaid penalties are collected in the housing part; a judgment entered against the premises becomes a lien when the transcript is filed and, if unsatisfied for ninety days, is enforced as a levy upon the rents.

What housing is covered

The Housing Maintenance Code applies to all dwellings in the five boroughs except as otherwise provided, and a multiple dwelling is a building rented or occupied as the home of three or more families living independently of each other. The heat and hot water duties are deliberately wider than that: they reach every multiple dwelling and every tenant-occupied one- or two-family dwelling. The indoor allergen duties run only to owners of multiple dwellings, so a rented one- or two-family house is outside them, and they do not apply at all to units owned and operated by the New York City Housing Authority, or to a co-operative or condominium unit occupied by the shareholder of record, the record owner or their family — a rented-out co-operative or condominium unit stays covered. The lead article runs the other way: it expressly extends the term multiple dwelling to a private dwelling with at least one unit occupied by someone other than the owner or a member of the owner's family, it contains no housing-authority exclusion at all, and its only carve-out is for owner-occupied units, which remain subject to its health department inspection section. Inside the lead article the building classes matter. The presumption of lead-based paint, the January notice and the turnover works reach buildings erected before January 1, 1960; the annual investigation and the safe work practices also reach buildings erected between 1960 and 1977 where a child of applicable age lives and the owner has actual knowledge of lead-based paint; buildings from 1978 on are outside both.

How this fits with New York law

State law supplies the warranty of habitability in Real Property Law § 235-b, which states a standard and no figures — no temperatures, no square footages, no notice period and no cure window — while the Multiple Dwelling Law's repair and cleanliness duties and its rent-impairing-violation withholding route reach the city because they are keyed to city population rather than because the city enacted them. The Housing Maintenance Code and the department's rules are where the city's operative numbers and clocks live, and they are enforced through violations and civil penalties rather than through the warranty, so the two layers answer different questions and a New York City tenant ordinarily has both.

Notes and caveats

Cite this page: "Landlord Atlas, New York City, New York: habitability & repair laws (verified August 30, 2026), landlordatlas.com/laws/habitability/new-york/new-york-city/" — free to cite and quote with a link (how these records are verified).

Citations

How this record was verified: Direct reading of the New York City Administrative Code, title 27, chapter 2 — the Housing Maintenance Code — and of title 28 of the Rules of the City of New York, in the August 2026 edition published by the city's official code publisher (Administrative Code current through Local Law 2026/134 and amendments effective through August 25, 2026; Rules current through rules effective August 13, 2026), section by section: §§ 27-2003, 27-2004, 27-2005, 27-2017 through 27-2017.12, 27-2028, 27-2029, 27-2031, 27-2032, 27-2056.1 through 27-2056.18, 27-2115 and 27-2116, with each section's amendment history line read on the page; and 28 RCNY §§ 11-01, 11-02, 11-03, 11-05 and 11-06, chapter 9 §§ 9-01 through 9-06, chapter 15 §§ 15-01 through 15-06, and chapter 54 §§ 54-01 through 54-05. The violation class letters, and the correction periods stated by letter, come from the Department of Housing Preservation and Development's own published material on clearing violations at nyc.gov, including its Guide to Clearing HPD Violations: the Administrative Code names three categories and leaves the condition-by-condition assignment to a classification the department publishes in the City Record, and that classification instrument itself was not read.

This page records New York City's local law on habitability and repairs. The statewide position — New York implies into every written or oral residential lease a warranty that the premises and the areas within the landlord's control are fit for human habitation, match the uses the parties reasonably intended, and subject nobody to conditions endangering or detrimental to life, health or safety. — lives on the New York habitability page with its own citations and verification date.