New York Rent withholding / escrow

Can a tenant withhold rent for repairs in New York?

In a nonpayment case, if conditions are dangerous or amount to a partial constructive eviction (for example, shown by a code enforcement notice or order), the court may pause the case. The tenant must deposit the rent then due with the court clerk to get the stay, and keep depositing within 5 days of each due date. No stay if the tenant caused the condition.

Verified Source: N.Y. Real Prop. Acts. Law § 755 · last checked 2026-10-23