27-2013 — Nyc Administrative Code

Critically, the statute also prohibits retaliatory eviction. If a landlord issues a rent increase or eviction notice within six months of a tenant reporting a § 27-2013 violation, a rebuttable presumption of retaliation arises. This protection encourages tenants to report dangerous conditions without fear of losing their homes.

Section 27-2013 derives its power from a robust enforcement ecosystem. HPD conducts both proactive and complaint-driven inspections. When a violation of § 27-2013 is found, HPD issues a Notice of Violation, which appears on the building’s record and can lead to civil penalties, liens, and even the appointment of a third-party administrator. For tenants, the most potent remedy comes through Housing Part (HP) proceedings. A tenant can sue their landlord directly in Housing Court under § 27-2013, seeking a court order compelling repairs and recovering monetary damages—typically a rent abatement reflecting the reduced value of the apartment during the period of non-compliance. nyc administrative code 27-2013

Enacted under Title 27 of the Administrative Code, which governs housing maintenance, § 27-2013 explicitly prohibits owners from allowing their properties to fall into a “dangerous” or “hazardous” condition. The statute is deliberately comprehensive. It covers structural integrity—walls, roofs, foundations—as well as essential services such as heat, hot water, electricity, and plumbing. Furthermore, it mandates the maintenance of public areas like hallways and stairs, and requires that all building systems (e.g., elevators, fire alarms, ventilation) remain in good working order. Critically, the statute also prohibits retaliatory eviction

The key legal innovation of § 27-2013 is its specificity. Unlike common-law implied warranties of habitability, which can be vague, this code section provides clear benchmarks. For example, it explicitly defines lack of heat between October 1 and May 31 as a violation, and it sets temperature minimums (68°F during the day, 62°F at night). By codifying these specifics, the city empowers the Department of Housing Preservation and Development (HPD) to inspect, cite, and penalize violations without having to argue abstract notions of “unreasonableness.” Section 27-2013 derives its power from a robust