Nyc Administrative Code 27-2013 -
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
Another limitation is the statute’s focus on physical conditions. It does not directly address noise pollution, overcrowding, or neighborhood-level environmental hazards (e.g., external pollution). These must be pursued under other laws, creating a fragmented approach to what tenants perceive as a single problem: an unlivable home. Critically, the statute also prohibits retaliatory eviction