Building Codes & Habitability — New York
Warranty of habitability, repair obligations, and city rental programs
State Habitability Standard
Minimum Habitability Requirements
- Premises fit for human habitation
- No conditions dangerous to life, health, or safety
- Heat: 68°F when outdoor temperature below 55°F (Oct 1 - May 31) (NYC MDL § 79)
- Hot water at 120°F at all times (NYC)
- Extermination of pests and vermin
- Working locks, windows, and doors
- Smoke detectors and carbon monoxide detectors
- Lead paint disclosure for pre-1978 buildings
Repair Obligations & Tenant Remedies
New York does not have a statutory repair-and-deduct remedy. Tenants must typically pursue code enforcement or court action for habitability failures. Consult New York Real Property Law §§ 220 et seq. + Real Property Actions & Proceedings Law + Emergency Tenant Protection Act for current tenant remedies.
City-Level Rental Programs
Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.
Known New York cities in our database: check New York City above for city-specific programs.
Governing Statute
New York Real Property Law §§ 220 et seq. + Real Property Actions & Proceedings Law + Emergency Tenant Protection Act
Code Details — New York
Relevant building code and habitability requirements from our corpus:
City Building Codes — Washington, DC
City Building Codes — Washington, DC DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.
Building Codes — Delaware (DE) Rental Housing
Building Codes — Delaware (DE) Rental Housing Adopted code: Delaware State Fire Prevention Regulations and local building codes based on 2018 IBC. Habitability statute: 25 Del. C. §5305 (Residential Landlord-Tenant Code). Heating: Oct 1 through April 30; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup in new construction; battery acceptable in existing (16 Del. C. §6604). CO detectors: required in all residential units with fuel-burning appliances or attached garage (16 Del. C. §6605). Repair-and-deduct: yes — after written notice and landlord failure within 15 days; cap is $75 per repair. Notable: Delaware preempts local rent control. Wilmington has local housing code enforcement. Delaware's residential landlord-tenant code is one of the more detailed mid-Atlantic codes; landlord must provide written receipts for security deposits and comply with interest requirements.
Building Codes — Montana (MT) Rental Housing
Building Codes — Montana (MT) Rental Housing Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.
Building Codes — Hawaii (HI) Rental Housing
Building Codes — Hawaii (HI) Rental Housing Adopted code: Hawaii State Building Code based on 2018 IBC with local amendments per county. Habitability statute: HRS §521-42 (Hawaii Residential Landlord-Tenant Code). Heating: Hawaii's climate makes heating requirements less relevant; landlord must maintain all systems in working order; no cold-weather heating season defined. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (HRS §132-7.5). CO detectors: required in all residential units with fuel-burning appliances (HRS §132-8). Repair-and-deduct: yes — after written notice and landlord failure within reasonable time; cap is $500 or one month's rent. Notable: Hawaii has the highest housing costs per capita of any state; Honolulu has explored rent control. Owner-occupied rentals under 6 units are regulated by county. Each county (Honolulu, Maui, Hawaii, Kauai) has its own building permit office and inspection program.
City Building Codes — Los Angeles, CA
City Building Codes — Los Angeles, CA LA Housing Department (LAHD) enforces LA Housing Code. Rental registration (LARSO): all rental units subject to LA Rent Stabilization Ordinance (RSO) must be registered annually; fee ~$30-40/unit. LA RSO applies to most multi-family units built before October 1, 1978. Rent control: RSO caps annual rent increases to annually set % (typically 3-8%). Heating: city requires 70°F in all habitable rooms (matching CA state requirement). Systematic Code Enforcement Program (SCEP): periodic inspections of all multi-family rental buildings; fee charged to landlords per unit inspected. LA Habitability: includes mold disclosure (AB 2108), ventilation, waterproofing. LA Building Code adds structural requirements beyond IPMC for seismic zone 4 (mandatory retrofit for soft-story buildings, "Soft Story Retrofit Ordinance"). Lead paint: all pre-1978 multi-family rentals must comply with RRP renovation rules; LAHD enforces. Unique: LA local "Just Cause Eviction" ordinance requires specific stated reason for eviction for RSO units.
City Building Codes — Denver, CO
City Building Codes — Denver, CO Denver Community Planning and Development (CPD) enforces Denver Building and Fire Code, based on 2021 IBC/IFC with Denver amendments. Denver Residential Rental License: all residential rental units in Denver require a license from CPD; fee per unit; first-time rental units require inspection. Denver Minimum Housing Standards: incorporates IPMC with Denver additions; specific standards for heating, ventilation, and lighting. Heating: Denver requires 68°F minimum in all habitable rooms (local ordinance). CO detectors: CO Rev. Stat. §38-12-102.5 requirement applies. Denver Just Cause Eviction: adopted 2023 — landlords must state a valid reason from enumerated list for eviction after 12 months of tenancy. Denver Fair Housing: Denver Human Rights and Community Partnerships enforces local fair housing ordinance including source-of-income discrimination prohibition (Section 8 tenants must not be refused). Unique: Denver Short-Term Rental (STR): registration required; limited to primary residence only.
Building Codes — Rhode Island (RI) Rental Housing
Building Codes — Rhode Island (RI) Rental Housing Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.
Building Codes — New Hampshire (NH) Rental Housing
Building Codes — New Hampshire (NH) Rental Housing Adopted code: NH Building Code based on 2009 IBC (amendment cycles slower than most states). Habitability statute: RSA 540-A (landlord's access and duties); RSA 48-A (standards of repair and maintenance for residential buildings). Heating: Oct 1 through May 1; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (RSA 153:10-a). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RSA 153:10-b). No repair-and-deduct right by statute. Tenant remedy: sue in small claims court; local code enforcement. Notable: New Hampshire has relatively minimal residential landlord-tenant statute; reliance on common law. Manchester and Nashua have local housing code enforcement. NH preempts local rent control.
City Building Codes — Chicago, IL
City Building Codes — Chicago, IL Rental registration: All residential rental units in Chicago must be registered with the City; fee varies by unit count. Chicago Residential Landlord and Tenant Ordinance (RLTO, Chicago Mun. Code §5-12): One of the strongest tenant protection ordinances in the US. RLTO applies to most Chicago rentals except owner-occupied buildings with 6 or fewer units. Key RLTO provisions: (1) Landlord must pay interest on security deposit (currently ~1.5% annually). (2) Landlord must provide inventory checklist at start of tenancy. (3) Tenant may withhold up to rent reduction for material non-compliance after 14-day written notice. (4) Repair-and-deduct: up to $500 or half month's rent after 14-day notice and landlord failure. (5) Landlord must give 30-day notice for heat/water/essential service shutoffs. Heating: 68°F required from Oct 1 through June 1 by city ordinance. Chicago Building Department enforces Chicago Building Code (separate from IPMC): includes annual fire inspection for multi-unit buildings. Lead paint: Chicago has own lead ordinance requiring disclosure and testing for pre-1978 units rented to families with children under 6.
City Building Codes — Seattle, WA
City Building Codes — Seattle, WA Seattle Department of Construction and Inspections (SDCI) enforces Seattle Building Code and Seattle Housing and Building Maintenance Code (HBMC). Seattle Rental Registration and Inspection Ordinance (RRIO): ALL rental units in Seattle must be registered; periodic physical inspections required (every 4-6 years depending on building type). Annual registration fee per unit. Heating: WA state requirement of 70°F applies; Seattle requires heat available from heat source within the unit (no central boiler serving multiple tenants without individual controls). CO detectors: RCW 43.44.110 requirement applies; SDCI enforces. Seattle Just Cause Eviction Ordinance: requires specific stated reason (from an enumerated list) for eviction. Tenant relocation assistance: landlords must pay 3 months rent as relocation assistance when displacing tenants for demolition, substantial rehabilitation, or change of use. Seattle Multifamily Housing Code: additional requirements for buildings 5+ units including fire sprinkler systems, accessibility, and green building standards (Seattle Green Building Standard requires most new multi-family to meet LEED or equivalent).
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