What can I do if my landlord won't fix uninhabitable conditions in New York?

1. Implied Warranty of Habitability — N.Y. Real Prop. Law § 235-b warrants premises fit for human habitation and free from conditions dangerous to life, health, or safety. It cannot be waived (Park West Mgmt. v. Mitchell, 47 N.Y.2d 316 (1979)).

2. What Counts as Uninhabitable — Lack of heat (NYC requires 68 degrees Oct 1-May 31 day / 62 night), no hot water, vermin, lead paint, mold, broken locks, sewage, lack of essential services. Multiple Dwelling Law and NYC Housing Maintenance Code supply specifics.

3. Tenant Notice to Landlord — § 235-b does not require formal notice but written notice is essential proof. NYC tenants can call 311 to log HPD violations.

4. Repair-and-Deduct — New York has no general repair-and-deduct statute, though limited authority exists under Jangla Realty v. Gravagna. Tenants typically proceed via HP action or rent abatement.

5. Rent Withholding / Escrow — Tenant may withhold rent and assert breach of warranty as a defense in nonpayment proceedings. Court may order deposit into escrow.

6. Constructive Eviction — Long-recognized New York doctrine: substantial interference plus abandonment lets tenant terminate.

7. Affirmative Defense to Eviction — § 235-b breach is a complete defense and counterclaim to nonpayment eviction; rent abated based on diminished value.

8. Damages & Penalties — Retroactive rent abatement, actual damages, and Housing Court HP action can order repairs with civil penalties under Multiple Dwelling Law § 302 and NYC Admin. Code § 27-2115.

9. Retaliation Protection — Real Prop. Law § 223-b prohibits retaliatory eviction or rent hikes for one year after a tenant's good-faith complaint about housing conditions.

This is legal information, not legal advice.