Can a tenant deduct the repair costs incurred for sanitary sewer clogging from the rent?

Full question:

I rented an apartment in Albany 2 years ago. For the past 3 months I am troubled with the sanitary sewer clogging. I alerted my landlord several times, no action was taken thus far. Now the situation is so worse the sewage has started spilling out of the drains. Due to the health hazards involved, I hired a repair person to fix the issue. Do I have the option to deduct the repair costs from the rent?

• Category: Landlord Tenant
• Subcategory: Repairs
• Date: 04/07/2025
• State: New York

Answer:

In New York, if a landlord fails to repair essential  services such as plumbing and drainage, the tenants have the  legal right to either withhold rent until such repairs are made by the landlord or the tenant may opt to repair and deduct the cost of repair from the rent. This is enumerated in Multiple Dwelling Law § 77 which states:

1. In every multiple dwelling all liquid or water-borne waste from plumbing fixtures shall be conveyed by a house drain and house sewer to a street sewer or to a combined street storm-water main and sewer, unless no such sewers are available. It shall be unlawful to erect a multiple dwelling which is to be occupied by five families or more unless a connection is made with a street sewer or combined street storm-water main and sewer.

 

2. For every multiple dwelling where neither kind of sewer is available, provision shall be made for disposing of such waste as may be required by local law.

 

3. All roofs, terraces, shafts, courts, areas and yards in every multiple dwelling shall be properly graded, drained and connected with a street storm-water main or combined sewer and street storm-water main so that all storm water may pass freely into it, except that where no street storm-water main or combined sewer and street storm-water main exists, the department may permit the storm water from such areas and spaces to drain into a street gutter which leads to a natural channel or water course, or into a dry well. When required by the department, the shafts, courts, areas and yards shall be properly concreted. Every roof shall be so drained that all storm water shall be conveyed therefrom in a manner that will prevent dripping to the ground or the causing of dampness in walls, ceilings, yards, shafts or areas. Nothing in this section shall be deemed to prevent the turfing over of any yard or court space or the planting of shrubs or trees therein when approved by the department.

 

4. The owner of every multiple dwelling or part thereof shall thoroughly cleanse and keep clean at all times, and in good repair, the entire plumbing and drainage system including every water-closet, toilet and sink and every other plumbing fixture therein.

 

5. Whenever the plumbing, sewerage or drainage of any multiple dwelling or part thereof or of the lot on which it is situated is in the opinion of the department in a condition or in its effect dangerous to life or health, the department may order or cause any such plumbing, sewerage or drainage to be purified, cleansed, disinfected, removed, altered, repaired or improved, or, as provided in section three hundred nine, take such other action as it may deem necessary to remove such danger to life or health.

 
Additionally, Multiple Dwelling Law § 78 states :
 

1. Every multiple dwelling, including its roof or roofs, and every part thereof and the lot upon which it is situated, shall be kept in good repair. The owner shall be responsible for compliance with the provisions of this section; but the tenant also shall be liable if a violation is caused by his own wilful act, assistance or negligence or that of any member of his family or household or his guest. Any such persons who shall wilfully violate or assist in violating any provision of this section shall also jointly and severally be subject to the civil penalties provided in section three hundred four.

 

2. Whenever, the light, ventilation, or any matter or thing in or about a multiple dwelling or part thereof, or in or about the lot on which it is situated, is in the opinion of the department in a condition or in its effect dangerous to life or health, the department may order or cause any such light, ventilation, matter or thing to be repaired or improved or, as provided in section three hundred nine, take such other action as it may deem necessary to remove such danger to life or health.

In this case, as the condition creates an emergency seriously affecting the habitability of the apartment and the landlord’s refusal to fix the issue upon notification, the tenant has the right pursuant to Multiple Dwelling Law § §77-78, to have the repairs made and to set off their reasonable cost against the rent.