Can a New York Landlord Shut Off Electricity for Non-Payment?

If you're renting in New York and worried your landlord might shut off your electricity when you fall behind on payments, it's important to understand your legal protections. Utility service issues can feel urgent, but New York provides renters with strong rights around essential services like electricity—even if you owe rent. Landlords must follow strict rules before any service disruption, and illegal shutoffs can bring serious penalties.

When Is It Legal for a Landlord to Shut Off Electricity in New York?

Under New York law, landlords cannot shut off your electricity to force payment of rent or other fees. Shutting off utilities is considered a form of unlawful eviction and is strictly prohibited in both New York State and New York City.

• It is illegal for a landlord to intentionally cause the interruption of essential services, including electricity, water, or heat—even if you are behind on rent.
• Only the utility company may disconnect service, and even then, there are required advance notices and procedures.
• A landlord can face fines and be ordered to restore services if found in violation.

These tenant protections are found in the New York State Real Property Law Section 235 and, for New York City, the Housing Maintenance Code.^1,2

What Counts as an Essential Service?

Essential services include:

• Electricity
• Heat
• Water (hot and cold)
• Gas (for heat/cooking where applicable)

Landlords must provide and maintain these services as required by law, regardless of your payment status.

What If the Landlord Shuts Off My Electricity Anyway?

If your landlord unlawfully shuts off your electricity, you do not have to wait. You have the right to seek help immediately, and government agencies can intervene quickly:

• File a complaint with NYS Homes and Community Renewal (HCR)
• New York City renters can call 311 or visit NYC 311 to report loss of essential services
• Consider going to Housing Court to seek a court order (see below for forms)

Relevant Official Forms for Tenants

• HP Action (Housing Part Action) (New York Civil Court, no specific form number)
  When to use: File this in Housing Court if your landlord cuts off essential services and does not restore them. The court can order the landlord to turn electricity back on.
  NYC Civil Court HP Action information sheet
• NYS HCR Tenant Complaint – Failure to Provide Essential Services
  When to use: Submit if your landlord refuses to supply required utilities in a rent-stabilized apartment.
  Download Tenant Complaint RA-81 Form (PDF)

You can use these forms to start official investigations and seek quick restoration of electricity and other vital services.

Which Tribunal Handles Utility and Tenancy Disputes in New York?

Residential landlord-tenant disputes in New York are managed through the New York City Civil Court’s Housing Part (for NYC) or local courts in Upstate NY. The overseeing agency for tenant complaints is NY State Homes and Community Renewal (HCR).

Legal Protections and Tenant Remedies

According to the New York State Real Property Law Section 235:

• Landlords face penalties for unlawfully shutting off utilities, including possible payment for damages or restoration costs.
• You may bring your case to Housing Court to have services restored quickly.
• You may even withhold rent, in some circumstances, if essential services are not provided—consult official New York State Attorney General guidance first.

Summary

In nearly all situations, shutting off electricity as a way to force rent payment is illegal in New York. Tenants have swift remedies, and agencies are ready to enforce your rights.

FAQs: Shutting Off Electricity in New York Rentals

1. Can my landlord ever legally disconnect my electricity in New York?
   No. Landlords cannot cut off your electricity or any essential services to prompt payment or make you leave, regardless of your payment status.
2. Who should I contact if my electricity is shut off?
   Contact NYC 311, file a complaint with NY State HCR, or go to Housing Court to file an HP Action to restore services.
3. Does this apply to shared apartments and room rentals?
   Yes—the right to essential services applies to all residential rentals, including subletting and roommates, unless otherwise specified in a court-approved lease.
4. What if my utility bill is in my name and I miss a payment?
   If the service account is in your name, the utility company—not your landlord—may disconnect after sending proper notices. Your landlord cannot intervene by requesting disconnection.
5. Can I take my landlord to court for disconnecting electricity?
   Yes, you can file an HP Action in Housing Court, and you may recover damages or penalties if the court finds in your favor.

Conclusion: Key Takeaways for Tenants

• Landlords in New York cannot legally disconnect your electricity to force payment.
• If your landlord does cut off essential services, you have rapid options to restore them through city and state agencies.
• Use the proper complaint forms or Housing Court procedures if you need to take action to protect your rights.

Need Help? Resources for Renters

• NY State Homes and Community Renewal (HCR): Protects and enforces tenant rights statewide
• Office of the New York State Attorney General – Tenant Rights
• NYC 311 – Essential Services Hotline
• NYC Housing Court: For urgent service restoration and tenant protection actions

---

1. New York State Real Property Law § 235
2. NYC Housing Maintenance Code
3. NYS HCR Tenant Complaint Forms

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations