Can My Landlord Raise the Rent in New York While Ignoring a Mice Infestation?

Q: How do I find out if my apartment is rent-stabilized?

You can request your apartment's rent history from the New York Division of Housing and Community Renewal, or ask your landlord directly, since buildings with six or more units built before 1974 are often stabilized.

Q: What is an HP action in NY Housing Court?

It is a proceeding a tenant can start asking a judge to order the landlord to fix violations, like a pest infestation, without the tenant having to move out or withhold rent.

Q: Can my landlord raise my rent to retaliate against my complaints?

New York law generally presumes a rent increase or other negative action taken soon after a tenant complaint may be retaliatory, though after two years of ongoing complaints, timing alone may be harder to use as proof, so documentation matters.

Question

My landlord wants to increase the rent but hasn't done any repairs, and there is a mice infestation.

Yes i have asked her since 2 years and there has been mice infested as well

A. Jason Velez · Accepted Answer

A landlord who has ignored a mice infestation for two years is very likely violating New York's warranty of habitability, and that gives you real leverage, but it does not automatically stop a legal rent increase on its own.

Under New York Real Property Law § 235-b, every residential lease includes an implied warranty of habitability, meaning your landlord must keep the unit fit for human habitation and free of conditions that are dangerous, hazardous, or detrimental to your life, health, or safety. A two-year, unresolved mice infestation almost certainly qualifies as a breach of that warranty, especially since you have repeatedly asked your landlord to address it.

As for the rent increase, it depends on your specific situation:

If your apartment is not rent-stabilized, your landlord generally can raise the rent when your lease renews, but must give you proper advance written notice under RPL § 226-c if the increase is 5% or more, ranging from 30 to 90 days depending on how long you have lived there. - If your apartment is rent-stabilized, increases are limited to amounts set by the local rent guidelines board, and you should confirm your unit's status if you are not sure. - Either way, poor conditions do not automatically block a rent increase, but they give you strong grounds to push for repairs and possibly a rent reduction through other means.

What you can do right now:

1. File a complaint with your local housing agency requesting an inspection for the mice infestation. This creates an official record and can result in violations against your landlord, which strengthens your position. 2. Put everything in writing if you have not already, including a summary of your two years of repair requests, and send it by email or certified mail so you have proof. 3. Consider an HP action in Housing Court, a proceeding where you ask a judge to order your landlord to make repairs. You do not need a lawyer to file one, though having one helps. 4. Keep paying rent unless you get specific legal advice not to, since withholding rent without following the right process can expose you to a nonpayment eviction case.

This is general legal information and not legal advice. A local New York tenant attorney or your nearest legal aid housing project can review your lease, your rent-stabilization status, and your documentation to advise on the strongest path forward.

Can My Landlord Raise the Rent in New York While Ignoring a Mice Infestation?

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