Cal. Civ. Code § 235-A

Tenant right to offset payments and entitlement to damages in certain cases

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 8/28/2020New YorkShutoffs

Operative Text

Cal. Civ. Code § 235-A
  § 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)
Source: Legislative text reproduced verbatim
Plain English

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.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

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.

For Tenants

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.

Effective Timeline

Current
Aug 28, 2020
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Source Information

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Fetched:Sep 13, 2026, 06:26 PM UTC