When renting a house who pays for repairs?

New York has a law called the Guarantee of Habitability (Real Property Act 235-b). Habitable means that the rental unit is a safe and decent place to live. Any landlord who rents you a place to live must keep it in a safe and decent condition, and must make the necessary repairs. If you own your home, you are responsible for any damage that occurs, regardless of the cost.

However, rental properties aren't that simple. Sometimes landlords are responsible for repairs; other times, the responsibility falls on the tenant's shoulders. When landlords are responsible for apartment repairs in New York When tenants are responsible for apartment repairs in New York What to do when you discover damage to an apartment? How much time does your landlord have to do repairs in New York? What to do when the New York City landlord doesn't make repairs Can your landlord raise the rent to cover repair costs? Can your landlord deduct from the security deposit to cover repair costs? Tips for minimizing conflicts over who is responsible for repairs. DHCR is the state's affordable housing agency, with a mission to build, preserve and protect affordable housing and to increase homeownership throughout New York State.

A landlord can make a tenant pay for repairs if they clearly state in their lease agreement that certain repairs will be the tenant's responsibility. Homeowners who don't make repairs before the deadline can receive a heavy fine from the Department of Housing Preservation and Development (HPD). In addition, consult local housing regulations for municipal or county regulations that cover tenants' rights with respect to repairs (especially if you live in a rental property that is covered by rent regulation or rent stabilization). This, as well as the unjustified refusal to allow access to the apartment by the landlord or his agent or employee in order to carry out the repairs or improvements required by the Housing Maintenance Code and the Multiple Housing Act, may constitute grounds for initiating an eviction proceeding.

Within the guide, you'll find information about the rights and responsibilities of landlords and tenants, how to stay in your apartment safely, resources for obtaining new affordable housing or rental assistance, and useful contact information for other housing issues.