Every residential lease in New York carries a warranty of habitability. Real Property Law 235-b says the premises will be fit for human habitation, reasonably safe, and not dangerous to life, health, or safety. You cannot waive it in the lease. A clause that says you take the apartment "as is" does not erase heat, hot water, or a collapsing ceiling.
What it covers in practice
Heat in season, hot water, working plumbing, and freedom from conditions that make the apartment unsafe are the core. This building includes heat, hot water, and cooking gas in the rent. Electric and cable are separate. Included heat is not a reason to live without it. If the apartment is cold in January, that is a habitability problem, not a lifestyle choice.
Pests, leaks into the unit, and broken locks sit in the same family of issues. The statute is broad. Your facts still matter. A scuffed floor is not 235-b. A winter without heat is.
What you do first
Tell the building, in writing, and keep the date. The 24-hour front desk is the start for emergencies. 311 and HPD are later tools if the owner does not act. Withholding rent because you are angry is how tenants lose in Housing Court. The warranty can support a claim. It is not a DIY refund button.
This is not legal advice for your dispute. If the condition is serious, speak to a lawyer or a tenant organization with the dates and photos in hand.
Walk the unit before you sign
On the tour, run the taps, open the windows, and note anything that already looks wrong. Photograph it. Filter listings and schedule a tour of the residence you would actually lease. Call (212) 684-3222.
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