Cal. Civ. Code § 235
Wilful violations
Operative Text
§ 235. Wilful violations. 1. Any lessor, agent, manager, superintendent or janitor of any building, or part thereof, the lease or rental agreement whereof by its terms, expressed or implied, requires the furnishing of hot or cold water, heat, light, power, elevator service, telephone service or any other service or facility to any occupant of said building, who wilfully or intentionally fails to furnish such water, heat, light, power, elevator service, telephone service or other service or facility at any time when the same are necessary to the proper or customary use of such building, or part thereof, or any lessor, agent, manager, superintendent or janitor who wilfully and intentionally interferes with the quiet enjoyment of the leased premises by such occupant, is guilty of a violation. 2. Any lessor, agent, manager, superintendent or janitor of any building, or part therof, who wilfully or intentionally acts to prevent or obstruct the delivery of fuel oil ordered in compliance with either section three hundred two-c of the multiple dwelling law or section three hunded five-c of the multiple residence law or the refiring of an oil burner after such a delivery shall be guilty of a violation.
New York Real Property Law § 235 establishes that landlords and their agents—including managers, superintendents, and janitors—commit a violation when they willfully withhold services that a lease requires, such as hot or cold water, heat, light, power, elevator service, or telephone service, at any time those services are necessary for the building's proper or customary use. The law also treats deliberate interference with a tenant's quiet enjoyment of their leased premises as a violation. A separate subsection extends this prohibition to anyone who intentionally blocks the delivery of fuel oil or prevents an oil burner from being restarted after such a delivery.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 235, operators who are bound by lease terms—express or implied—to provide specific services are expected to maintain continuous, uninterrupted delivery of those services whenever they are necessary for normal building use. Compliant property managers document service interruptions as unintentional and promptly remediate them, keeping records of maintenance requests, repair timelines, and fuel deliveries to demonstrate that any lapse was not willful. Managers and supervisory staff should also be aware that actions by agents, superintendents, or janitors can expose the property owner to a violation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 235 gives tenants a basis to assert that a landlord or their agent has committed a violation if services required under the lease—such as heat, hot water, or elevator access—are deliberately withheld, or if the landlord intentionally disrupts quiet enjoyment of the rental unit. Tenants who believe this provision has been violated may consider documenting the service interruption with dates, times, and any communications with building staff, and can explore options such as filing a complaint with a local housing or rent-enforcement agency or raising the violation in a housing court proceeding. Tenant-rights organizations in New York can help explain what remedies may be available under § 235 and related laws.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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