NYC Landlord and Tenant Rodent Rights

New York City's housing code creates specific obligations for landlords and specific rights for tenants when it comes to rodent infestations. Here is what the law says in plain language.

Landlord Obligations Under NYC Law

NYC Housing Maintenance Code Section 27-2018 requires building owners to maintain their properties free of rodent infestation. This obligation applies to both common areas and individual units. A landlord who fails to address a rodent condition after reasonable notice from a tenant violates this code.

Under New York Real Property Law Section 235-b — the Warranty of Habitability — landlords must maintain rental units in a condition fit for habitation. Active rodent infestation that the landlord fails to address constitutes a breach of this warranty, which gives tenants legal remedies including rent withholding and rent abatement.

Tenant Rights When Landlords Do Not Act

Tenants have several options when a landlord fails to address a rodent condition. Filing a 311 complaint triggers an HPD inspection. HPD can issue violations and impose daily fines on the landlord. If the landlord still does not act, tenants can file an HP Action in NYC Housing Court seeking a court order compelling the landlord to complete repairs. Free legal assistance is available at NYC Housing Court.

Tenants may also seek rent abatement — a reduction in rent based on the reduced value of a rodent-infested apartment. Courts have awarded abatements ranging from 10 to 50 percent of rent paid during the infestation period depending on severity.

NYCHA Tenant Rights

NYCHA tenants have the same legal rights as tenants in private buildings. NYCHA is subject to the same Housing Maintenance Code and Warranty of Habitability obligations. File complaints with NYCHA's Customer Contact Center at 718-707-7771 and also file a separate 311 complaint to trigger an independent HPD inspection. HP Actions in Housing Court are available to NYCHA tenants.

What Tenants Should Document

If you are dealing with a landlord who is not acting, document everything in writing. Send written notice of the condition by email or certified mail. Take dated photographs. Keep a log of when you saw evidence and when you notified the landlord. This documentation supports HPD complaints and Housing Court proceedings.

Frequently Asked Questions