Do this today
- Photograph the condition. Include anything that makes the unit unsafe to occupy.
- Write the landlord. Date it. Keep a copy.
- Ask the city about a housing or health complaint process.
- If you cannot stay in the unit tonight, 211 can help with shelter and local services.
What does 'uninhabitable' mean in ${n}?
There is no national checklist for private rentals. New York landlord-tenant and summary-proceeding statutes is where New York describes the landlord's duty to keep the place fit to live in. Heat, water, sanitation, and structural safety are the usual core — the exact list is in the chapter, not here.
What if I have to leave tonight?
Safety first. 911 if someone is in danger. 211 for shelter and local services. A condition complaint and a repair request can wait until you are somewhere safe. Legal aid can talk through whether New York allows you to treat the unit as unlivable and what that does to the tenancy.
Is New York State the same as New York City for renters?
No. Real Property Law and the RPAPL are statewide. NYC adds the Housing Maintenance Code, HPD, 311, and Housing Court in the five boroughs. HCR administers rent-regulated housing. Buffalo, Rochester, and the rest of the state are not HPD. Do not call NYC HPD about an upstate unit.
The New York chapter
New York landlord-tenant and summary-proceeding statutes (N.Y. Real Prop. Law Art. 7; Real Prop. Acts. and Proc. Law) is the starting point. We name it. We do not paraphrase a day-count or a dollar cap out of it.
New York's tenancy rules are spread across the Real Property Law and the Real Property Actions and Proceedings Law, and the Attorney General publishes a Residential Tenants' Rights Guide. New York City and several counties have additional regulated-housing systems.
New York City has its own rent-stabilization system, housing court, and housing maintenance code. Some other counties and municipalities have adopted rent regulation as well. Whether a particular building is regulated is a building-by-building question.
Official sources
- StatuteNew York Real Property Law, Article 7 — Landlord and TenantNYS Open Legislation, the Senate's official law publisher.
- StatuteNew York Real Property Actions and Proceedings LawThe law governing summary proceedings, including eviction cases.
- State agencyNYS Homes and Community Renewal — Tenant Protection UnitState agency for rent-regulated housing and tenant harassment complaints.
- State agencyNew York Attorney General — Residential Tenants' Rights GuideThe state's plain-language guide for renters.
- Free legal helpLawHelpNY — Tenant and homeowner rightsStatewide legal-aid guides and referrals.
- Statute indexCornell LII landlord-tenant tableN.Y. Real Prop. Law Art. 7; Real Prop. Acts. and Proc. Law
- FederalHUD — New York
- Free legal helpLawHelp.org — New York
Common questions
Is 'uninhabitable' the same in every New York city?
The state chapter is the floor. City housing codes can add more. Confirm both. New York landlord-tenant and summary-proceeding statutes is the starting point.
Can I stop paying rent if the unit in New York is unsafe?
Only if New York provides a process, and only if you follow it. Ask legal aid first. A wrong withhold can become an eviction case on top of the condition problem.
Is New York State the same as New York City for renters?
No. Real Property Law and the RPAPL are statewide. NYC adds the Housing Maintenance Code, HPD, 311, and Housing Court in the five boroughs. HCR administers rent-regulated housing. Buffalo, Rochester, and the rest of the state are not HPD. Do not call NYC HPD about an upstate unit.
The national habitability guide has the full sequence. Open the habitability guide
People also ask
Last reviewed 8 September 2026. Legal information, not legal advice. Not a law firm. hello@renterprotection.org