Are Landlords Required To Pay for Plumbing in New York?

Home ยป Are Landlords Required To Pay for Plumbing in New York?

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If your sink wonโ€™t drain, your toilet is overflowing, or you have no hot water, youโ€™re probably wondering: Are landlords required to pay for plumbing in New York? You’re not alone. Thousands of tenants across New York State face plumbing issues each yearโ€”and many donโ€™t know their rights. The good news: New York law is clear that landlords generally must maintain working plumbing. But the details matter. Letโ€™s break down exactly what youโ€™re entitled to, what your landlord must do, and what steps to take if they donโ€™t.


What Does New York Law Say About Plumbing Repairs?

Under New York State lawโ€”specifically the Warranty of Habitability (Real Property Law ยง 235-b)โ€”landlords must provide and maintain essential services, including safe, working plumbing. This includes:

  • Hot and cold running water
  • Functional toilets, sinks, showers, and bathtubs
  • Proper drainage and sewage disposal
  • No leaks that cause mold or structural damage

Violations of this warranty can result in rent abatement, legal action, or even HPD (Housing Preservation and Development) violations in New York City.

According to NYCโ€™s Department of Housing Preservation and Development (HPD), plumbing issues account for over 35% of all housing code violations filed annuallyโ€”making it one of the most common tenant complaints.


Who Pays for Plumbing Repairs: Tenant or Landlord?

The answer depends on what caused the problem. Hereโ€™s a clear breakdown:

ScenarioWho Is Responsible?
Clogged drain due to normal use (e.g., hair in shower)Landlord
Broken pipe or water heater malfunctionLandlord
Toilet clogged because tenant flushed inappropriate items (e.g., wipes, toys)Tenant
Damage caused by tenant negligence or intentional misuseTenant

In most cases, routine maintenance and system failures fall on the landlord. As noted by the New York State Attorney Generalโ€™s Office:

โ€œLandlords are responsible for maintaining the buildingโ€™s plumbing systems in good working order, regardless of age.โ€

For more on habitability standards, see Warranty of Habitability โ€“ Wikipedia.

Are Landlords Required To Pay For Plumbing In New York
Plumber hands holding wrench doing repairing work at the sink and clogged pipe in bathroom carefully

What If the Landlord Refuses to Fix the Plumbing?

If your landlord ignores your request or delays repairs, you have several legal options:

Step 1: Submit a Written Complaint

Always start with a dated, written notice (email or certified letter). Describe the issue clearly and request repairs within a reasonable time (usually 24โ€“72 hours for emergencies like no water or sewage backup).

Step 2: File a Complaint with Local Authorities

  • In New York City: Call 311 or file online with HPD.
  • In other counties: Contact your local code enforcement office or health department.

HPD inspectors can issue violations and even fine landlords up to $2,000 per day for unresolved serious violations.

Step 3: Withhold Rent (Carefully!)

New York allows rent withholding if the issue severely affects habitabilityโ€”but you must follow strict legal procedures. Do not stop paying rent without legal advice; instead, consider placing rent in an escrow account.

Step 4: Repair and Deduct (Limited Use)

Tenants may hire a licensed plumber for emergency repairs and deduct the cost from rentโ€”but only if:

  • The issue threatens health or safety
  • You gave the landlord written notice
  • The cost doesnโ€™t exceed one monthโ€™s rent
  • You keep all receipts

โš ๏ธ Warning: Misusing โ€œrepair and deductโ€ can lead to eviction. Consult a tenant attorney first.


Emergency vs. Non-Emergency Plumbing Issues

Not all plumbing problems are equal. New York distinguishes between emergency and routine repairs:

Emergency Plumbing Issues (Landlord must act within 24 hours):

  • No running water
  • Sewage backup
  • Major pipe burst causing flooding
  • No hot water in winter (Oct 1โ€“May 31 in NYC)

Non-Emergency Issues (Landlord has up to 30 days):

  • Slow-draining sink
  • Minor leak under kitchen sink
  • Dripping faucet

In NYC, landlords must provide 24/7 emergency contact info. If they donโ€™t respond during an emergency, call 311 immediately.


Tenant Rights by Location: NYC vs. Rest of New York State

While state law applies everywhere, New York City has stricter rules:

RequirementNYCUpstate/Rural NY
Hot water required year-round?YesOnly Oct 1โ€“May 31
HPD inspection available?YesNo; rely on county inspectors
Required to provide 24/7 emergency contact?YesNot always required
Rent stabilization protections?Applies to ~1M unitsRare outside NYC/Albany

If you live in Buffalo, Rochester, Syracuse, or Albany, check your cityโ€™s housing codeโ€”many have adopted similar standards.


Common Myths About Plumbing and Landlords

Letโ€™s debunk some widespread misconceptions:

  • โŒ โ€œIf itโ€™s in my apartment, I pay for it.โ€
    โ†’ Not true. Internal plumbing is part of the buildingโ€™s systemโ€”landlordโ€™s responsibility unless you caused damage.
  • โŒ โ€œMy lease says Iโ€™m responsible for repairs, so I have to pay.โ€
    โ†’ Any lease clause that waives the Warranty of Habitability is illegal and unenforceable under NY law.
  • โŒ โ€œI can just fix it myself and never tell the landlord.โ€
    โ†’ Without notice, you risk liability if something goes wrong. Always document.

FAQ Section

Q1: Are landlords required to pay for plumbing in New York if the tenant caused the clog?

No. If the plumbing issue results from tenant misuse (e.g., flushing paper towels), the tenant may be responsible for repair costs. However, landlords still must ensure the system is restored to working order.

Q2: How long does a landlord have to fix plumbing in NYC?

For emergencies (e.g., no water, sewage backup): 24 hours. For non-emergencies: typically within 30 days, though HPD may require faster action based on severity.

Q3: Can I break my lease if my landlord wonโ€™t fix the plumbing?

Possibly. If the issue makes the apartment uninhabitable and the landlord ignores repeated requests, you may claim constructive eviction. But you must follow legal stepsโ€”do not just move out without documentation or legal counsel.

Q4: Does this apply to rent-stabilized and market-rate apartments?

Yes. The Warranty of Habitability applies to all residential rentals in New York State, regardless of rent regulation status.

Q5: What if Iโ€™m in a basement apartment or illegal unit?

Even in unregulated or illegal units, landlords must provide basic habitability, including plumbing. However, legal remedies may be more limited. Consult a tenant rights organization like Legal Aid or Met Council on Housing.

Q6: Can a landlord charge me for calling a plumber?

Only if the problem was your fault. Otherwise, no. Charging tenants for essential repairs violates NY Real Property Law ยง 235-b.


Conclusion

So, are landlords required to pay for plumbing in New York? In nearly all casesโ€”yes. From leaky faucets to sewage backups, New York law places the burden of plumbing maintenance squarely on the landlord, as part of their duty to provide safe, habitable housing.

If your landlord ignores your requests, donโ€™t stay silent. Use your rights: document everything, file complaints, and seek help from tenant advocacy groups. Your health, safety, and peace of mind are worth it.

๐Ÿ‘‰ Found this guide helpful? Share it with fellow New Yorkers on Facebook, Twitter, or Instagramโ€”someone you know might be dealing with a flooded bathroom right now!

Need personalized advice? Contact the New York State Attorney Generalโ€™s Tenant Helpline or NYCโ€™s Tenant Support Unit at 311.

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