Operative Text
§ 235-a. Tenant right to offset payments and entitlement to damages in certain cases. 1. In any case in which a residential tenant shall lawfully make a payment to a utility company pursuant to the provisions of sections thirty-three, thirty-four and one hundred sixteen of the public service law, or to a utility company as defined in subdivision twenty-three of section two of the public service law, public authority, water-works corporation, as defined in subdivision twenty-seven of section two of the public service law, or municipal water system, as prescribed in section eighty-nine-l of the public service law, for water service which a landlord is responsible for but has failed or refused to provide payment therefor, such payment shall be deductible from any future payment of rent. 2. Any owner (as defined in the multiple dwelling law or multiple residence law) of a multiple dwelling responsible for the payment of charges for gas, electric, steam or water service who causes the discontinuance of that service by failure or refusal to pay the charges for past service shall be liable for compensatory and punitive damages to any tenant whose utility service is so discontinued. * 3. Nothing contained in this section and no payment made pursuant to this section shall be deemed to discharge the liability of a renter with an interest in real property pursuant to subdivision two of section three hundred four of the real property tax law from taxes levied on such interest. * NB (Effective pending ruling by Commissioner of Internal Revenue)
N.Y. Real Prop. Law § 235-A addresses situations where a landlord is obligated to pay for utility or water service but fails to do so. When a residential tenant steps in and pays that bill directly to the utility, water authority, or related provider, the amount paid can be subtracted from future rent owed. Additionally, if a landlord's nonpayment of gas, electric, steam, or water charges causes service to be cut off, the landlord may be held liable for both compensatory and punitive damages to affected tenants.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 235-A, property owners of multiple dwellings who are contractually or legally responsible for utility and water charges are expected to keep those accounts current. A compliant operator maintains timely payment of gas, electric, steam, and water bills to prevent service interruptions that could trigger liability for compensatory and punitive damages. When a landlord's failure to pay results in a tenant covering those charges directly, operators should be aware that tenants are entitled to deduct those amounts from future rent payments.
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-A gives residential tenants a financial remedy when a landlord fails to pay utility or water bills that are the landlord's responsibility. If a tenant pays such a bill directly to the provider, that amount may generally be offset against future rent. Tenants whose service has been discontinued due to a landlord's nonpayment may also have grounds to seek compensatory and punitive damages, and can explore options such as contacting a local rent board, filing a complaint with the relevant utility regulator, or reaching out to a tenant-rights organization for guidance.
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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