What Tenants Should Know About Unsafe Housing Conditions

Tenant Rights, Unsafe Housing Laws, and Legal Options in New York State

After an apartment becomes unsafe, tenants are often left confused, overwhelmed, and unsure where to turn. Maybe the heat stopped working in the middle of winter. Or there’s mold spreading across your ceiling and your landlord keeps brushing you off. These issues can seriously threaten your health and safety. When you're renting in New York State, the law says your home must meet basic standards. Unfortunately, not every landlord follows through. That’s where knowing your rights makes all the difference.

At Horn Wright, LLP, our premises liability attorneys help renters across New York State hold landlords accountable. Whether you’re living in a rent-stabilized unit in the Bronx or a two-family home in Albany, we understand what it takes to make your voice heard. 

Understand What Qualifies as Unsafe Housing in New York

Not every inconvenience qualifies as dangerous. But when your apartment conditions directly affect your health or safety, New York State law recognizes it. Landlords must provide safe, livable housing. This is called the Warranty of Habitability, and it applies to every rental unit across the state.

You might be dealing with:

• Mold or mildew in walls, ceilings, or vents
• Pests like roaches, mice, or bedbugs
• No heat or hot water, especially during colder months
• Dangerous wiring, leaks, or structural hazards
• Peeling lead paint in older buildings
• Inadequate locks or broken windows

These issues violate New York’s Housing Maintenance Code and Multiple Dwelling Law. If you live in New York City, the Department of Housing Preservation and Development (HPD) tracks these violations. In other parts of the state, local building or health departments handle enforcement. Either way, tenants don’t need to live in unsafe conditions. You have legal protections, and you’re not expected to figure it all out alone.

Know Your Rights as a Tenant in New York State

You don’t need to have a perfect lease to expect safe housing. The law automatically gives you rights, regardless of what your rental agreement says. Every tenant in New York has a right to a livable space, free from hazards. This applies whether you're renting in Buffalo, Brooklyn, or anywhere in between.

The Warranty of Habitability covers:

• Heat and hot water during legally required months
• Protection from health threats like rodents or mold
• Structural integrity (no collapsing ceilings or walls)
• Safe electrical systems
• Basic sanitation, including working plumbing and trash removal

Rent-stabilized and Section 8 tenants have additional protections under state and federal law. If your building is registered with the New York State Division of Housing and Community Renewal (DHCR), you may also qualify for rent reductions if your landlord fails to maintain safe conditions.

Tenants have the right to speak up without fear of losing their homes. When you’re treated unfairly for doing so, that’s retaliation, which is illegal. These laws exist to protect people, and they work best when tenants understand them.

Identify a Landlord’s Legal Responsibilities

Landlords can’t just collect rent and ignore problems. In New York, they have clear obligations that start the moment you move in. They must actively maintain the property and fix problems within a reasonable time.

That means:

• Supplying heat from October 1 to May 31. In NYC, it must be at least 68°F when it’s below 55°F outside during the day
• Keeping common areas clean and hazard-free
• Fixing leaks, electrical issues, and other safety problems quickly
• Providing pest control and garbage disposal services
• Replacing broken locks, windows, or doors

In NYC, landlords must also post a sign with their contact information in the building’s common area and register their property with HPD. If they don’t, that’s a violation. In upstate areas like Rochester or Syracuse, similar rules apply under local codes. Failing to meet these responsibilities can result in citations, fines, or even court-ordered repairs.

Document Unsafe Conditions the Right Way

If you’re dealing with unsafe housing, don’t wait for your landlord to fix it when they feel like it. Start keeping records as soon as something goes wrong. You might feel like it’s just your word against theirs, but detailed documentation can tip the balance in your favor.

To build a strong case:

• Take clear, dated photos or videos of the problem
• Save copies of any repair requests or complaints you’ve sent
• Use email or certified mail when you contact your landlord
• Keep notes about verbal conversations, including names, dates, and summaries
• Record when the problem started and if it’s gotten worse

If you need to go to court, this kind of proof can be the deciding factor. It shows you took the issue seriously and gave your landlord a chance to fix it. Without documentation, it’s easier for landlords to deny there was ever a problem.

Report Unsafe Housing Conditions to Local Authorities

If your landlord ignores your requests or brushes off your concerns, it’s time to bring in official help. In New York City, call 311 or file a complaint online with HPD. In places like Yonkers, Schenectady, or Niagara Falls, reach out to your city or county code enforcement office.

When you report unsafe housing:

• An inspector may visit your apartment
• They can issue violations or orders to correct the issue
• You may get documentation that supports legal action later

In NYC, complaints are categorized and prioritized by severity. Lack of heat, for example, is considered an emergency during the winter. In smaller towns or rural counties, timelines vary, but tenants still have the right to safe living conditions. Your local health department can also step in if conditions affect your health, like mold or vermin. The New York State Department of Health has more information on regional health offices that help with housing-related hazards.

Filing a report creates a paper trail. Even if you don’t end up in court, this step often pushes landlords to take action.

Withhold Rent or Repair and Deduct, But Know the Rules

In some situations, New York tenants may withhold rent until a landlord fixes serious problems. Others may be able to make repairs themselves and subtract the cost from their rent. But both options come with real legal risks if done improperly.

Here's what to consider:

• You must notify your landlord first, in writing, and give them time to fix the problem
• The condition must seriously affect habitability
• Any deductions must be reasonable and well-documented
• You may still get taken to court for nonpayment

New York courts look closely at how tenants handle these decisions. Judges often want to see evidence that you gave your landlord a fair chance and followed the law. If you make a mistake, you might owe back rent or face eviction proceedings.

If you're considering this route, speak with a tenant attorney or housing advocate first. Even in clear-cut cases, you’ll want someone who understands how your local court handles habitability claims.

Take Legal Action If a Landlord Doesn’t Comply

When nothing else works, tenants can take their landlord to court. In New York City, this usually means filing an HP action in Housing Court. Elsewhere in the state, you can file a case in local civil court.

Legal action may help you:

• Force your landlord to make necessary repairs
• Receive a rent abatement for the time you lived with unsafe conditions
• Recover out-of-pocket costs from repairs you made yourself

Housing Court is designed for tenants, but the process can still feel overwhelming. Free legal clinics or nonprofit tenant organizations like the Legal Aid Society can help you prepare. In many cities, tenants can also file emergency requests for repairs or seek restraining orders if a landlord becomes abusive or threatening.

Going to court isn’t always fast. But when you have documentation, clear evidence, and legal support, it can lead to real results.

Know the Risks of Retaliation and Your Protections

Some tenants hesitate to report problems because they’re scared their landlord might retaliate. That fear is understandable. But New York law says landlords can’t punish tenants for asserting their rights.

Retaliation can look like:

• Sudden eviction notices
• Rent increases without justification
• Harassment or verbal threats
• Refusing to renew a lease after a complaint

If this happens within six months of a repair request or official complaint, the court may assume retaliation and put the burden on the landlord to prove otherwise.

Tenants who face retaliation can file a claim in court. Judges can stop the eviction, award damages, or fine the landlord. This protection applies across New York State, not just in the five boroughs.

You shouldn’t have to choose between speaking up and staying housed. The law backs you when you stand up for your health and safety.

Use Local Support Services and Legal Resources

You’re not in this alone. Across New York State, there are groups ready to help tenants deal with unsafe housing. These organizations understand the law and how to get things done.

Depending on where you live, support might come from:

• Legal Aid Society or Legal Services NYC
• NYLAG (New York Legal Assistance Group)
• Housing Court Answers (especially in NYC)
• Neighborhood Legal Services in Buffalo
• Tenants and Neighbors advocacy group
• Your city or county’s Department of Social Services

Many of these organizations offer free or low-cost legal help. Some run hotlines or drop-in clinics. Even a quick phone call can give you clarity and help you plan your next step.

If your building has multiple tenants with the same issues, consider organizing. Group complaints often carry more weight, especially in larger complexes.

We Can Help You Stand Up for Safe Housing

At Horn Wright, LLP, we believe that no one should have to live in unsafe or unlivable conditions. Our attorneys understand New York’s housing laws, and we’re ready to help you hold your landlord accountable. Whether you’re dealing with ignored repairs, health hazards, or retaliation, we’ll protect your rights and push for the outcome you deserve. 

Reach out today to learn how we can help you get the safe home you’re entitled to.