How to file — Repair / habitability notice
Deadline
"Reasonable time" after notice (case law: 30 days for non-emergency; immediately for heat/hot water/safety)
NY RPL § 235-b warranty of habitability + NYC Admin Code §§ 27-2005 / 27-2009 (heat) / 27-2017 (pests). Class C immediately-hazardous violations require 24-hour correction.
How to submit
Send to landlord by certified mail, return receipt
Always certified mail with return receipt. Keep a copy of the letter, the certified mail receipt, and the green card.
311 — file an HPD heat/hot-water/repair complaint
Phone: 311
Call 311 (or NYC.gov/311) to escalate. Generates an HPD inspection. Heat complaints get same-day or next-day inspection during heat season.
HPDONLINE — search violations on your building
Lookup current open violations and inspection history. Cite open violations in your letter.
HPD headquarters (in writing)
NYC Department of Housing Preservation and Development 100 Gold Street New York, NY 10038
What to attach
- Photos / videos of the conditions (timestamped)
- Prior emails or texts to landlord (with dates)
- Any HPD violation numbers (from HPDONLINE)
- Doctor's notes if conditions are causing health harm (especially for vulnerable tenants — children under 6, elderly, asthma)
Pro tips
- Document everything before you send the letter. Photos with date stamps are decisive.
- For heat/hot water, call 311 the same night. The HPD log entry is your evidence in court later.
- After 30 days of inaction, a tenant can file an HP action in NYC Housing Court (no filing fee for indigent tenants) under NYC Admin Code § 27-2115 to compel repairs.
- Repair-and-deduct exists in NY but is risky — consult a tenant attorney before withholding rent.
Citations the letter relies on
- NY RPL § 235-b — NY Real Property Law § 235-b (Warranty of habitability)
- NYC Admin Code § 27-2005 — NYC Administrative Code § 27-2005 (Owner duties — Housing Maintenance Code)
- NYC Admin Code § 27-2009 — NYC Administrative Code § 27-2009 (Adequate heat and hot water)
- NYC Admin Code § 27-2017 — NYC Administrative Code § 27-2017 (Pest infestation; eradication duties)
- NY MDL § 78 — NY Multiple Dwelling Law § 78 (Repairs — multiple dwellings)
- 28 RCNY Ch. 17 — 28 RCNY Chapter 17 (HPD Housing Quality complaints; inspection scheduling)
Tenant Defender is research and self-help. Not legal advice. For complex eviction or harassment cases, contact a NY tenant attorney or Met Council on Housing (311 → tenant rights).