New York Warranty of Habitability Demand Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Email]

[DATE]

[Property Owner/Manager]
[[Landlord Name and Address]]
[City, State ZIP]

RE: RE: Demand for Repairs – Uninhabitable Conditions at [Your Address], Apt. [Unit Number]

Dear Sir or Madam:

Dear [Landlord/Management Company Name]: I am writing to formally demand that you immediately repair dangerous and uninhabitable conditions at [Your Address], Apartment [Unit Number], which violate the warranty of habitability under New York Real Property Law § 235-b and the New York City Housing Maintenance Code. UNINHABITABLE CONDITIONS Despite multiple complaints, the following conditions persist: 1. [Condition 1 – e.g., No heat: Temperature consistently below 62°F at night since October 15, 2025]
2. [Condition 2 – e.g., Water damage and mold: Ceiling leak in bedroom causing black mold growth]
3. [Condition 3 – e.g., Rodent infestation: Rats in kitchen and bedroom despite multiple complaints]
4. [Condition 4 – e.g., Broken window: Shattered bedroom window creating security and weather hazard] PRIOR COMPLAINTS I have notified you of these conditions on multiple occasions: • [Date]: [Method – e.g., Email to management]
• [Date]: [Method – e.g., Verbal complaint to superintendent]
• [Date]: [Method – e.g., Written complaint via certified mail]
• [Date]: HPD complaint filed, Case #[Number] To date, you have failed to make the necessary repairs. LEGAL BASIS Under NY Real Property Law § 235-b, every residential lease includes an implied warranty of habitability. You are legally required to maintain my apartment in a condition fit for human habitation, in reasonable repair, and in compliance with applicable housing codes. The NYC Housing Maintenance Code establishes specific requirements that you are violating, including [cite specific Code sections, e.g., "§ 27-2029 requiring heat of at least 68°F during day"]. DOCUMENTED VIOLATIONS On [Date], HPD inspected the premises and issued the following violations: • Violation #[Number]: [Description]
• Violation #[Number]: [Description]
• Violation #[Number]: [Description] DEMAND FOR REPAIRS I hereby demand that you immediately: 1. Restore heat to code-compliant temperatures
2. Repair all water leaks and remediate mold
3. Exterminate rodent infestation and seal entry points
4. Replace broken window and secure apartment
5. Complete all repairs necessary to cure HPD violations All repairs must be completed within [reasonable timeframe, e.g., 7 days for emergency conditions, 30 days for non-emergency] of your receipt of this letter. DEMAND FOR COMPENSATION Due to these uninhabitable conditions, I have suffered: • Reduced use and enjoyment of the apartment
• Health problems including [describe]
• Property damage to [items] valued at $[amount]
• Additional expenses of $[amount] for [space heaters, temporary housing, etc.] I am entitled to rent abatement for the period these conditions have existed. Based on the severity of conditions, I calculate a [percentage]% reduction in rental value, totaling $[amount] for the period from [date] to present. I demand payment of $[total amount] for damages and rent abatement. CONSEQUENCES OF NON-COMPLIANCE If you fail to complete repairs and provide compensation within the stated timeframe, I will: 1. Commence an HP (Housing Part) action in Housing Court to compel repairs
2. File suit for rent abatement and damages
3. Request appointment of a 7A administrator to manage repairs
4. Seek attorney's fees and costs as allowed by law
5. Report conditions to all relevant city agencies I prefer to resolve this matter without litigation. Please respond in writing within 5 days. Sincerely, [Your Signature]
[Your Printed Name]
[Your Address]
[Phone Number]
[Email Address] Enclosures: Photos of conditions, HPD violations, Prior complaint documentation, Receipts for damages

Sincerely,

[Your Signature]
[Your Printed Name]