Can a New York tenant withhold rent for repairs?
Sometimes, but only with strict statutory compliance. In New York, a tenant who has given the landlord written notice of a habitability problem and waited a reasonable time may, in some circumstances, withhold rent until the repair is made. The withheld rent generally must be deposited into a separate escrow account or paid into court, not pocketed. Pocketed rent is treated as nonpayment and grounds for eviction. The repair-and-deduct remedy (where the tenant arranges the repair and deducts the cost from rent) is a parallel option, usually capped at one month's rent and limited to a few uses per year. Both remedies require the underlying condition to be a true habitability defect, not a cosmetic issue.
Source: New York habitability code; common-law tenant remedies
This is an informational answer based on New York habitability code; common-law tenant remedies as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.