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Tenant/Landlord Resource Center

General Principles

Warrant of Habitability (NY Real Property Law §235-b)

  • Landlord’s Obligation: All residential leases in NYS (including NYC) are deemed to contain a “warranty of habitability.” This means landlords must maintain apartments so they are safe, sanitary, and fit for human habitation—including protection from water leaks, mold, and resultant damage.

  • Tenant’s Obligation: Tenants must keep their apartments clean and not willfully or negligently cause damage.

Reference: NY Real Property Law §235-b

NYC’s Housing Maintenance Code (HMC)

  • Water Leaks & Mold: NYC landlords are required to promptly repair leaks, eliminate mold, and correct any condition caused by water infiltration. Mold can result from unaddressed water damage and is specifically addressed as a violation.

  • Timeframes: Landlords must remediate mold and underlying conditions within specific timeframes after receiving a violation notice.

Reference:

Specific Responsibilities

Landlord Responsibilities

  • Immediate Repairs: Fix leaks, broken pipes, or any structural source of water intrusion as soon as notified.

  • Mold Remediation: Address mold within apartments and common areas caused by water leaks.

  • Notification: Landlords must post notices regarding mold remediation work and use licensed contractors for more extensive mold removal (over 10 sq. ft.).

  • Report & Document: Must document repairs and provide evidence if required by housing court.

Tenant Responsibilities

  • Prompt Notification: Tenants must promptly notify landlords in writing of water leaks, mold, or damage.

  • Mitigation: Take reasonable steps to limit further damage (e.g., mop up excess water, move belongings).

  • Allow Access: Provide reasonable access for inspection and repairs.

Insurance Considerations

  • Landlord Insurance: Covers building structure, not tenants’ personal property.

  • Renter’s Insurance: Tenants should consider purchasing renter’s insurance to cover personal belongings.

Remedies for Non-Compliance

Tenant Rights

  • Rent Withholding: If the landlord fails to repair, tenants may withhold rent or seek a rent abatement through housing court.

  • HP Action: Tenants can file an “HP Action” in Housing Court to compel the landlord to make repairs.

  • NYC 311 Complaint: Tenants can report water damage or mold to NYC 311 for a city inspection.

Landlord Rights

  • Access for Repairs: Can enter the apartment (with notice) to make repairs.

  • Charge for Tenant Negligence: May recoup repair costs if damage is due to tenant’s actions/negligence.

Key Statutes & Guidance

AuthorityCite/LinkSummaryNY Real Property Law §235-bLinkWarrant of habitability; landlord must maintainNYC Housing Maintenance Code (HMC)LinkSpecifies water/mold remediation dutiesNYC Dept. of Health Mold GuideLinkTenant and landlord mold info and best practicesNYC 311LinkReporting water damage, leaks, and mold

Context in Practice

  • Example: If a tenant notices a ceiling leak, they must notify the landlord in writing. The landlord must promptly address the leak and resulting mold, using licensed contractors if required. If the landlord fails, the tenant can file a complaint with NYC 311 or take the landlord to housing court.

  • Mitigation: Both parties are expected to act quickly to prevent further property damage (e.g., by moving possessions, using fans, etc.).