New York Repairs & Tenant Remedies
New York rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. N.Y. RPL § 235-b (warranty of habitability); NY AG Residential Tenants' Rights Guide
The rules in New York
| Repair and deduct | No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. Remedy is judge-made/limited; there is no statutory dollar cap or notice procedure. |
|---|---|
| Withholding rent | No statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR. Withholding description from NY AG guide: https://ag.ny.gov/publications/residential-tenants-rights-guide Source: N.Y. RPL § 235-b |
| Landlord retaliation | Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. Presumption is rebuttable (landlord must show non-retaliatory motive by preponderance). Remedies: damages, attorney's fees, injunctive relief; retaliation is a defense in an eviction case. Does not apply to owner-occupied buildings with fewer than 4 units. Source: N.Y. RPL § 223-b |
Related questions
New York vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| New York | No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. N.Y. RPL § 235-b (warranty of habitability); NY AG Residential Tenants' Rights Guide | No statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR. N.Y. RPL § 235-b | Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. N.Y. RPL § 223-b |
| Connecticut | Limited to essential services (heat, running water, hot water, electricity, gas, etc.). After notice, if landlord fails to supply an essential service, tenant may procure reasonable amounts and deduct the actual, reasonable cost from rent; or obtain substitute housing if not restored within 48 hours (rent abates); or, if the failure is wilful, terminate and recover the greater of 2 months' rent or double actual damages. Conn. Gen. Stat. § 47a-13 | Tenant may not simply withhold. Instead, after complaining to the municipal code agency at least 21 days earlier, the tenant may file a sworn complaint in Superior Court (housing session) and pay rent into court (deposit each month's rent with the clerk). Fee $25 (waivable); hearing within 14 days. Court can order repairs, appoint a receiver, and award damages including retroactive rent abatement. Not available if a valid nonpayment notice to quit was served first. Conn. Gen. Stat. § 47a-14h | Landlord may not sue for possession, raise rent, or reduce services within 6 months after the tenant in good faith: tries to remedy a code violation (including contacting officials or filing a fair rent commission complaint); triggers a municipal notice or order; requests repairs; files a § 47a-14h action; or organizes or joins a tenants' union. Exceptions include nonpayment, lease violations, and good-faith owner occupancy. Conn. Gen. Stat. §§ 47a-20, 47a-20a |
| Massachusetts | Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. G.L. c. 111, § 127L | Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. G.L. c. 239, § 8A | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. G.L. c. 186, § 18 |
| New Jersey | Allowed by case law, not statute. For defects in vital facilities, after giving the landlord notice and a reasonable time to repair, the tenant may make the repair and deduct the reasonable cost from rent. Marini v. Ireland, 56 N.J. 130 (1970) | Allowed by case law: if the landlord breaches the implied warranty of habitability (vital facilities), the tenant may withhold all or part of the rent and raise habitability as a defense or set-off in a nonpayment case. By statute, a tenant or public officer may also sue to have rents deposited into court and used to fix conditions in substantial violation of housing or health codes (lack of heat, running water, light, electricity, or sewage disposal, or other dangerous conditions), or to correct a wrongful diversion of utility service. Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973); N.J.S.A. 2A:42-85 to -96 (rent receivership) | A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) as a reprisal for the tenant: trying to secure or enforce rights under the lease or law; making a good-faith complaint to a government authority about a health or safety violation (after first notifying the landlord and allowing reasonable time to fix it); or organizing, joining, or taking part in a lawful organization. The tenant wins the possession case if reprisal is shown, and may sue for damages and injunctive relief. N.J.S.A. 2A:42-10.10 to -10.13 |
| Pennsylvania | No statute; recognized as a possible remedy under the implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)) after notice and a reasonable opportunity for the landlord to repair. Pugh v. Holmes, 405 A.2d 897 (Pa. 1979), as described in PA AG Consumer Guide | No general statute; withholding until a defect is fixed is a possible remedy under the implied warranty of habitability (Pugh v. Holmes). Separately, where an agency certifies a dwelling uninhabitable, tenants may pay rent into escrow under the City Rent Withholding Act (Act of Jan. 24, 1966, P.L. 1534, No. 536). Pugh v. Holmes (per AG guide); Landlord and Tenant Act § 206 (68 P.S. § 250.206) | No general statewide anti-retaliation statute. Limited protections: a lease may not be terminated or non-renewed because of participation in a tenants' association (§ 205); retaliation for exercising rights under the Utility Service Tenants Rights Act is prohibited (68 P.S. § 399.11). 68 P.S. § 250.205; 68 P.S. § 399.11 (per AG guide) |
| Vermont | Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. 9 V.S.A. 4459 | Yes. If the landlord fails to make repairs within a reasonable time after actual notice (from the tenant, a government entity, or a qualified independent inspector) of a habitability noncompliance that materially affects health and safety, the tenant may withhold rent for the period of noncompliance, or seek injunctive relief, damages, costs and attorney's fees, or terminate on reasonable notice. 9 V.S.A. 4458 | Landlord may not retaliate (by setting or changing lease terms, or by bringing or threatening an action) because a tenant complained to a government agency about a health/safety violation, complained to the landlord about a chapter 137 violation, or organized/joined a tenants' union. A termination notice (other than for nonpayment) served within 90 days after a state or municipal finding of a health or safety noncompliance is presumed retaliatory (rebuttable). 9 V.S.A. 4465 |
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New York Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in New York?
No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. (N.Y. RPL § 235-b (warranty of habitability); NY AG Residential Tenants' Rights Guide)
Can a tenant withhold rent for repairs in New York?
No statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR. (N.Y. RPL § 235-b)
Can a landlord retaliate against a tenant for complaining in New York?
Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. (N.Y. RPL § 223-b)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.