Is My Landlord Responsible for Flood Cleanup in NYC?

Usually, yes, for the apartment itself. Under New York's warranty of habitability, your landlord must return your apartment to livable condition after a flood or sewer backup. That includes cleanup, sanitizing and mold remediation when needed. Your own belongings, like furniture, clothes and electronics, are usually your responsibility.

What Does My Landlord Have to Fix?

• Removing water and sewage and sanitizing the apartment

• Drying the space and dealing with mold

• Repairing walls, floors, wiring and anything else that is part of the building

What Am I Responsible For?

Damage to your personal belongings is usually on you, even when the backup was not your fault. Renters insurance often does not help with flood damage. Read Does Renters Insurance Cover Flooding in a NYC Basement Apartment? If your landlord did not take reasonable care to protect the apartment from flooding, talk to a lawyer about your options.

Do I Still Have to Pay Rent?

If the apartment is not livable, you may be entitled to a rent abatement. Get legal advice before you withhold rent, since your landlord could take you to housing court.

What Should I Do Right Now?

• Tell your landlord in writing and keep a copy of every message.

• Ask the landlord to confirm in writing when the apartment will be inspected and repaired.

• File a 311 apartment maintenance complaint if repairs are not made.

• Submit a City damage report at reportdamage.nyc.gov.

• Take photos and video of the apartment and your belongings.

What If I Live in a Basement Apartment?

Many NYC basement units flood again and again. If your unit may not be a legal apartment, talk to a tenant lawyer or a free legal help program about your rights.

Landlords and Property Managers

If you own or manage a building with a flooded unit, fast cleanup protects your tenants and your property. Call Flood Cleanup NYC at 212-600-9290.

This post is general information, not legal advice.