The ceiling is wet. There is a stain spreading across the wall. Water is dripping from a light fixture. In New York City, a water leak is not just a maintenance issue — it is a potential habitability violation, and your landlord has a legal obligation to fix it. Here is how the law works and what to do when they don't.
Who is responsible for fixing the leak
Under the NYC Housing Maintenance Code and the Multiple Dwelling Law, building owners are generally required to maintain every part of a building in good repair — including the roof, pipes, floors between units, and common areas. Water entering your apartment from any of these sources is typically the landlord's problem to fix.
The source of the leak matters:
| Source | Who generally fixes it |
|---|---|
| Roof or exterior | Building owner |
| Pipe within the building structure | Building owner |
| Overflow from upstairs neighbor | Building owner (building maintenance obligation) |
| Damage caused by tenant's own actions | May be tenant's responsibility |
The owner's repair obligation generally includes correcting the underlying building condition and repairing conditions covered by applicable housing requirements. Responsibility for other consequential damage can depend on the circumstances. Responsibility for damage to a tenant's personal belongings is a separate question that depends on the specific circumstances and, where applicable, the tenant's own renters insurance.
How to file
First, notify your landlord in writing. Email a description of the leak, the date you first noticed it, and a request for prompt repair. This creates a dated record.
If the landlord does not act within a reasonable time, file a complaint with HPD through 311. Category: Plumbing — Leaks or Ceiling — Water Damage. HPD will send an inspector. If the inspector confirms a violation of the Housing Maintenance Code, HPD will issue a violation notice. HPD does not assign every water condition the same violation class — the classification depends on the specific condition the inspector finds. Generally, HPD gives owners 90 days to correct Class A violations, 30 days for Class B, and 24 hours for most Class C violations. Some conditions have different correction deadlines.
Check your building's record first
Pull up your building on Weverit before filing. Water damage and plumbing violations appear in the violation history. A building with recurring unresolved plumbing complaints can indicate a systemic building condition — and that context is useful when you escalate.
If HPD doesn't move the needle
HPD can arrange emergency repairs through its Emergency Repair Program and bill the landlord. In severe cases — water near electrical wiring, sewage backup, structural damage — HPD can classify the condition as immediately hazardous.
Tenants in rent-stabilized apartments can also file a complaint with the NYS Division of Housing and Community Renewal (DHCR) for a decrease in required services. The DHCR may impose rent reductions until the repair is made.
For persistent failures, an HP Action in Housing Court — which you can file without a lawyer — asks a judge to order the landlord to make repairs. Judges can also order rent abatement for the period the apartment was not fully habitable.
Renters insurance and your belongings
Renters insurance may cover damage to your personal property from a sudden and accidental leak, depending on your policy. Whether a given claim is covered depends on the specific policy terms, the cause of the leak, and whether the condition was reported promptly. If you do not have renters insurance, you are absorbing the risk of loss to personal property yourself.
Three things to document immediately
First, photograph and video the leak — while it is active if possible. Video with a visible timestamp is the strongest evidence.
Second, photograph any damaged belongings: furniture, clothing, electronics, floors.
Third, send the landlord written notice today. If a dispute ever arises about when you reported the condition, the email timestamp is your evidence.
Buildings with open water-damage violations
Ranked by open water-damage violations, from reports computed between August 16, 2026 and September 5, 2026.
- 296 Ellery StreetBrooklyn F
- 3220 Netherland AvenueBronx D
- 112 West 111 StreetManhattan F
- 175 Willoughby StreetBrooklyn D
- 346 East 29 StreetBrooklyn F
- 416 Van Brunt StreetBrooklyn F
- 3152 Hull AvenueBronx F
- 9 Slosson TerraceStaten Island F
- 1226 Evergreen AvenueBronx F
- 350 West 123 StreetManhattan F
Sources
- NYC Housing Maintenance Code (Administrative Code Title 27, Chapter 2)
- NY Real Property Law § 235-b (Warranty of habitability)
- NYC Department of Housing Preservation and Development — Tenant Rights and Responsibilities: nyc.gov/site/hpd/services-and-information/tenants-rights-and-responsibilities.page
- NYC311 — Plumbing/Water Leaks: portal.311.nyc.gov
- NYC Courts — HP Actions (Housing Part): nycourts.gov
