Who's responsible for repairs in NYC? Landlords, tenants, co-ops and owners
"Should I call my landlord, my building, or a contractor?" The answer depends on whether you rent, own a co-op or condo unit, or own the whole building. Here's a plain-English overview based on HPD and DEP guidance.
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Emergency? Gas smell, CO alarm, fire, sparking or flooding: get to safety and call 911 first.
If you rent
HPD says owners must keep buildings safe, clean and well maintained, in common areas and inside apartments. That includes providing and maintaining security measures, heat, hot and cold water, and good lighting. Some specifics:
- Heat: October 1 to May 31, with set minimum temperatures (see heat season rules).
- Hot water: at least 120°F, all year.
- Painting: every three years in buildings with three or more apartments.
- Window guards: required where a child 10 or younger lives, and must be installed if a tenant requests them in writing.
- HPD says tenants should expect buildings free from vermin, leaks and hazardous conditions.
Tenants' responsibilities, per HPD: don't damage the building, allow reasonable access for required repairs, respond to the owner's annual window guard and lead paint notices, and maintain smoke and carbon monoxide detectors. Tenants are responsible for violations caused by their own willful acts, gross negligence or abuse.
How to escalate: tell the owner or super, then follow up in writing (HPD suggests certified mail and keeping a copy). If it still isn't fixed, file with 311. You can also bring an HP Action in Housing Court, and rent-stabilized tenants can contact DHCR. NYCHA residents use the NYCHA Customer Contact Center.
If you own a co-op or condo unit
Who pays is set by your proprietary lease (co-op) or bylaws (condo). Typically the building handles common elements and main systems like the roof, the boiler, risers and the facade, while you handle fixtures and finishes inside your unit. But the lines vary, especially for pipes inside walls and for windows. Check with management before hiring anyone, and expect to provide a COI (see our COI guide).
If you own a house or the whole building
Everything on the property is yours, including some things people assume belong to the City:
- Sewer service line from the building to the City sewer main in the street (DEP).
- Pipes and the water meter, which you must protect from freezing (DEP).
- Gas piping and appliances you own. Utilities shut off gas for leaks in private piping, and a licensed master plumber must repair it.
- If you rent out units, you take on all the landlord duties above.
Questions
Is my NYC landlord responsible for fixing leaks?
Generally yes. HPD says owners must keep apartments and common areas safe and well maintained, and tenants should expect buildings free from leaks. Tell the landlord in writing, then use 311 if it isn't fixed.
Who maintains smoke and CO detectors in NYC rentals?
HPD lists maintaining smoke and carbon monoxide detectors among tenants' responsibilities.
Who owns the sewer pipe that runs to the street?
In NYC the property owner owns and must maintain the sewer service line up to the City's sewer main in the street.
Sources
Rules and phone numbers can change. Check the official source before relying on them.
Related guides
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