Except under certain circumstances and subject to certain conditions, a landlord generally may not interrupt utilities provided to a residential tenant—such as electricity, gas, water, sewer, internet, telephone, cable television, security systems, and in some areas, trash collection—unless the interruption results from bona fide repairs, construction, or an emergency.
A landlord generally may not shut off utilities to a residential tenant because the tenant is late in paying for the utilities. Laws vary from state to state, and laws related to a landlord’s interruption of a residential tenant’s utility services are usually located in a state’s statutes.
In New York State, landlords are prohibited from intentionally interrupting utilities to a residential tenant as a means of eviction or to force a tenant to vacate the premises. This includes essential services such as electricity, gas, water, sewer, internet, telephone, cable television, and security systems. Under New York Real Property Law § 235-a, known as the Warranty of Habitability, tenants are entitled to live in conditions that are safe and sanitary, which includes having uninterrupted access to utility services. If a landlord unlawfully interrupts these services, the tenant may have the right to seek legal remedies, which can include restoring the service, obtaining an alternative housing arrangement, and potentially suing for damages. However, a landlord may interrupt services temporarily for bona fide repairs, construction, or emergencies, provided that the interruption is reasonable and necessary for the completion of the repair or to address the emergency situation. It is important for both landlords and tenants to understand their rights and obligations under the law, and tenants facing utility shutoffs by their landlords may wish to consult with an attorney to discuss their options.