Who’s Responsible for Repairs in New York? 

Stuff breaks. Pipes burst. The ceiling starts leaking during a rainstorm, and you’re stuck standing there with a bucket, wondering who’s supposed to fix it and pay for it. 

If you live in New York, you already know repairs can turn into full-blown standoffs between tenants, landlords, condo boards, and property managers.

But you shouldn’t be left guessing. And you definitely shouldn’t be paying out of pocket for something that’s not your responsibility.

Our commercial litigation attorneys at Horn Wright, LLP, help people just like you cut through the confusion and get clear answers. Whether you're dealing with a stubborn landlord, an unresponsive board, or a lease that’s more legalese than plain English, we’ve got your back.

Repair obligations don’t need to feel like a mystery. You just need commercial lease dispute experts in your corner who know how this stuff actually works in New York.

Repairs Are Needed. Now What?

Let’s talk about who’s supposed to step up when things go wrong.

If you’re a tenant in New York, your landlord has a legal obligation - yes, legally -to make sure your place is safe and livable. It’s called the warranty of habitability, and it’s not just a fancy phrase. It’s what protects you from being stuck in a broken-down apartment while rent still gets collected like clockwork.

Here’s what your landlord has to handle:

• Heat and hot water: From October 1 to May 31, if it’s under 55°F outside during the day, your place needs to be at least 68°F. At night? 62°F minimum. And hot water? That’s a year-round non-negotiable as per the Housing Preservation and Development.
• Plumbing and electricity: Leaking sink? Flickering lights? That’s on them. Not you. The landlord’s job is to keep systems safe and functional.
• Doors and windows: If they don’t lock or close properly, that’s a security issue. And yes, it’s the landlord’s problem to fix.
• Hazards like pests or mold: No one should have to live with roaches, rats, or black mold growing behind their walls. If it’s there, it has to be taken care of and not by you on your weekend off.

Own your place in a co-op or condo? The rules shift a bit. Usually, you’re responsible for what’s inside your unit. Walls, flooring, fixtures? That’s on you. But shared plumbing, building-wide systems, roofs, and structural issues? Those fall on the board, though not every board moves fast, or at all.

And if you're renting commercial space? Same story, different building. When landlords drop the ball, you may need to look into breach of contract claims to make sure your lease gets enforced.

Still Waiting on Repairs? Here’s What You Can Actually Do About It

Waiting for someone to fix what’s broken is exhausting. You send emails, leave voicemails, maybe even text, and nothing. If you’re tired of excuses, there are ways to turn up the pressure legally.

• Withholding rent (yep, it’s allowed with limits): If your home is in bad shape and your landlord isn’t doing anything, you may have the right to withhold rent. But don’t just stop paying. Make sure you document everything and know the risks.
• Report it to HPD: New York City has your back. If you’re dealing with a major issue, like no heat, unsafe conditions, or pets, you can call 311 and report it to the Department of Housing Preservation and Development. They’ll send someone out to inspect.
• Fix it and deduct the cost: In certain situations, if it’s urgent and you’ve notified the landlord, you can get it fixed yourself and take that amount off the rent. Just be careful. This has to be done by the book. 
• Go to housing court (HP Action): This isn’t just about suing. It’s about getting repairs done. An HP Action is a formal process where a judge tells your landlord, “Hey, fix this.”

Business tenant? If you’re watching your space fall apart while rent’s still due, you may need commercial lawsuit representation to protect your business and hold the landlord accountable.

Want to Avoid a Legal Battle? Use These Leverage Moves First

Not everything has to turn into a lawsuit. In fact, most of the time, what gets results is just knowing how to make the right moves at the right time.

• Put it in writing: Always. Texts are okay, but emails with dates, times, and photos? Even better. You’re building a record.
• Quote the lease: If it says they’re responsible for plumbing or pest control, copy and paste that exact line into your email. Lease language = pressure.
• Give a clear deadline: Don’t just ask. Say what you need, and when you need it: “Please confirm by Friday that the repair will be scheduled.”
• Offer a backup plan: Let them know you’ll handle it yourself and deduct if they don’t respond. But again, only if you’re on solid legal ground.
• Bring in a third party: NYC has housing mediation services. If you own, your condo or co-op board might have internal resolution options too.

If you’re in a commercial space and negotiations are going nowhere, talk to a business dispute resolution lawyer before things get messy.

When Property Neglect Gets Personal

When you live or work somewhere that’s falling apart, it’s not just inconvenient - it’s frustrating, stressful, and sometimes unsafe. Here’s what to watch for:

• Common area nightmares: If you’re dealing with broken stairwells, garbage that never gets picked up, or lights that stay out, it’s often because no one wants to take ownership. That’s not okay.
• Delayed repairs by co-op boards: You’re responsible for your unit. But when the roof leaks or the elevator’s out for weeks? That’s board territory. And they can be held accountable when they ignore serious issues.
• Your home’s value takes a hit: Deferred maintenance isn’t just annoying. It drags down resale value. Especially if you’re trying to sell in a co-op or condo building where nothing gets done.
• Favoritism and selective repairs: If everyone else is getting repairs and you’re constantly skipped? That might cross into housing discrimination. And yes, that’s a serious legal issue under New York law.

If tensions with your board or business partner are escalating, our partnership dispute attorneys can help set boundaries and hold decision-makers accountable.

Ensuring Safe Living or Working Spaces: Horn Wright, LLP, Can Help You Move Forward

You shouldn’t have to chase people down just to live or work in a safe space. 

Whether you're in a rent-stabilized apartment in Queens, a Brooklyn co-op, or a commercial unit in Manhattan, our commercial litigation lawyers at Horn Wright, LLP, help you figure out who’s on the hook and how to make sure they actually follow through.

So your case needs real power behind it, contact our office to get started with your FREE, no-obligation consultation. Trust that one of the best law firms in America will treat your case like it matters. Because it does.