Multiple Dwelling Law §302-a
Rent impairing violations NYC. Six months open, and rent can stop.
A small set of HPD violations carry an extra consequence. If one stays uncorrected six months after notice, the owner can lose the right to collect rent for the period after that.
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How rent-impairing violations work
Multiple Dwelling Law §302-a lets HPD designate certain conditions as "rent-impairing": conditions that are, or will become if not fixed, a fire hazard or a serious threat to the life, health or safety of tenants. HPD designates which order numbers count. Every violation in the city's data carries a rent-impairing flag (Y or N), which is what the search above reads.
- HPD writes a violation whose order number is on the rent-impairing list.
- Six months pass after notice to the owner, and the violation is still open on HPD's record.
- In a nonpayment case or other proceeding, the tenant raises §302-a as a defense, proves the facts, and deposits the rent demanded with the court clerk.
- If the tenant wins, the owner can't collect rent for the period the violation stayed open after those six months.
A rent-impairing condition in a common area, like a hallway, the boiler room or the roof, counts for every apartment in the building.
MDL 302 vs MDL 302-a: two different rent rules
People search "MDL 302" for both rules, but they're separate sections of the Multiple Dwelling Law. §302 is about the building's legal right to be occupied. It applies when a multiple dwelling is occupied in violation of §301, which means without a valid certificate of occupancy or compliance. For that period the owner can't recover rent, can't sue for it, and can't bring a proceeding for possession over nonpayment of it. §302-a is the HPD violation rule this page covers: designated rent-impairing violations left open six months after notice.
| Section | Trigger | What the tenant gets | How it's raised |
|---|---|---|---|
| MDL §302 | The building is occupied in violation of §301, with no valid certificate of occupancy or compliance | No rent can be recovered for that period, and no action or eviction for nonpayment of it | As a defense when the owner sues for rent or possession |
| MDL §302-a | An HPD-designated rent-impairing violation is still open six months after notice to the owner | No rent for the period the violation stays open after those six months | As a defense in court, with the rent demanded deposited with the court clerk |
The rent-impairing violations HPD writes most
This is the working list: the ten rent-impairing order numbers HPD wrote most often in the past year, counted from the city's own data. Your violation's order number is on the Notice of Violation and in the search results above. Seven of the ten are Class C. The deadlines for each class are on HPD violation classes.
| Order | Class | Condition | Written |
|---|---|---|---|
| 670 | C | Provide hot water at all fixtures | 18,697 |
| 507 | B | Repair the roof so it doesn't leak | 10,349 |
| 666 | C | Provide an adequate supply of heat | 9,626 |
| 538 | B | Remove encumbrances (obstructions) in the public hall | 8,176 |
| 742 | C | Provide an adequate supply of gas to fixtures | 4,950 |
| 649 | B | Remove obstructions and repair defects in a waste line | 4,625 |
| 567 | C | Abate rats and the conditions causing them | 3,320 |
| 526 | C | Remove an illegal fastening (such as a hook-and-eye latch) on a roof or exit door | 3,201 |
| 577 | C | Provide an adequate supply of hot water | 3,030 |
| 593 | C | Repair the toilet flushing apparatus | 2,591 |
Source: NYC Open Data, HPD Housing Maintenance Code Violations (wvxf-dwi5), rent-impairing flag = Y, inspection dates October 1, 2025 to October 22, 2026, counted October 23, 2026. 72 order numbers carry the flag across the whole dataset. Descriptions are shortened from HPD's wording.
What this means for tenants
It's a defense, not a self-help remedy. You don't stop paying and wait. The deposit and pleading requirements are strict, so get help from a tenant attorney, legal aid, or Met Council on Housing ((212) 979-0611). Search your building first to see which open violations are flagged and how old they are. See also the tenant guide.
What this means for owners
The six-month clock is the one to watch. A flagged violation that's been fixed but not certified still counts as open on HPD's record. Certify fast. The certification walkthrough covers how. Owners with many buildings usually find out about these too late. That's what monitoring is for.
Last checked against MDL §302, MDL §302-a and HPD guidance: November 9, 2026. Order counts: NYC Open Data, October 23, 2026.
Common questions
Rent-impairing violations: common questions
Short answers first. Still stuck? Call (347) 201-2336 and a person picks up.
What is a rent impairing violation?
A rent-impairing violation is an HPD violation for a condition HPD has designated under Multiple Dwelling Law §302-a as a fire hazard or a serious threat to the life, health or safety of occupants, such as no hot water, no heat, a leaking roof or rats. If one stays open on HPD's record six months after notice to the owner, tenants can raise it in court as a defense to paying rent.
What is MDL 302?
Multiple Dwelling Law §302 says that if a multiple dwelling is occupied in violation of §301, the owner can't recover rent for that period, and can't sue or evict for nonpayment of that rent. §301 requires a valid certificate of occupancy or compliance before a multiple dwelling is occupied. Rent-impairing HPD violations fall under a different section, §302-a, explained on this page.
Is there a list of rent-impairing violations in NYC?
Yes, in effect: HPD designates which order numbers are rent-impairing, and every violation in its public data carries a rent-impairing flag (Y or N), so you can see exactly which ones count on any building. In the city's data, 72 different order numbers carry the flag. The table on this page shows the ones HPD wrote most in the past year, led by no hot water (order 670), roof leaks (507) and no heat (666).
How do I know if a violation is rent-impairing?
Search the building above: rent-impairing violations are flagged in the Note column of the results, along with their class, apartment and inspection date. The flag comes straight from the rent-impairing field (Y or N) in HPD's violation data on NYC Open Data, so it matches what HPD has on record for that violation.
Can I stop paying rent because of a rent-impairing violation?
Only through the process the law sets out: the violation must have been on HPD's record for six months after notice to the owner, and you must raise it in court and deposit the rent with the court clerk. Don't just stop paying. Talk to a tenant attorney or legal aid first, because the deposit and pleading rules are strict.
Does a violation in the hallway count for my apartment?
Yes. Under §302-a, a rent-impairing condition in a common area or another part of the building the owner controls is treated as existing in every apartment, so a flagged violation in the hallway, the boiler room or on the roof counts for each tenant in the building.
I'm an owner. How do I protect myself?
Correct and certify rent-impairing violations fast. The six-month clock runs from notice, and once it passes, rent for that period can be lost entirely. A repair that's done but not certified still counts as open on HPD's record, so the certification is what stops the clock. See how to certify.