# New York Renters: Who Pays for Repairs? (Landlord vs Tenant) | Who Pays the Repair?

> New York's Real Property Law Section 235-b warrants every rental fit for habitation. Learn the landlord's duty and the tenant's remedy.

**Who pays:** landlord

In New York, the landlord implicitly warrants every rental unit fit for human habitation and free of hazardous conditions under Real Property Law Section 235-b, unless the tenant's own misconduct caused the problem; a lease can't waive this and the tenant's remedy is to sue for damages or rent abatement.

**Boundary:** New York landlords implicitly warrant that every rental unit is fit for human habitation and free of dangerous or hazardous conditions, under Real Property Law Section 235-b, and this right cannot be waived by lease.

**Exceptions:** A condition caused by the misconduct of the tenant or persons under the tenant's direction or control does not breach the warranty (Section 235-b(1)).; Any lease clause waiving or modifying the tenant's rights under Section 235-b is void as against public policy (Section 235-b(2)).

## Sources
- [Real Property Law Section 235-b(1) (warranty of habitability)](https://www.nysenate.gov/legislation/laws/RPP/235-B) — "the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety." (accessed 2026-09-13)
- [Real Property Law Section 235-b(1) (tenant-misconduct carve-out)](https://www.nysenate.gov/legislation/laws/RPP/235-B) — "When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties." (accessed 2026-09-13)
- [Real Property Law Section 235-b(2) (no lease waiver; Section 235-b(3) damages standard)](https://www.nysenate.gov/legislation/laws/RPP/235-B) — "Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy." (accessed 2026-09-13)

_Last verified 2026-09-13. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/new-york-landlord-tenant-repair-responsibility/ — every claim checked against a primary source before publication (see /methodology/)._