Who Pays Utility Bills in New York Rentals? Renter Laws Explained

If you’re renting in New York, understanding who pays for your utilities—like gas, electricity, water, and heat—can help avoid disputes and keep your housing budget on track. New York rental law protects both renters and landlords, but each situation depends on your lease, local regulations, and state law. This guide breaks it down so you know your rights and next steps if problems arise.

Understanding Utility Responsibilities in New York Rentals

In New York, payment for utilities depends primarily on the lease agreement between the landlord and the renter. The law requires leases to be clear about what utilities are included in the rent and which are the renter’s responsibility.

• Included Utilities: If your lease says utilities are included, the landlord handles the bills. This commonly applies to heat and hot water in many apartments.
• Separate Utilities: If not specified as included, you may need to set up and pay your own accounts for electric, gas, or internet.
• Landlords cannot shift their own utility costs to renters unless your lease terms state you will pay some or all utility bills.

For rent-stabilized apartments, landlords are required by New York State Real Property Law to provide certain utilities, including heat and hot water, unless otherwise agreed in writing.^[1]

Which Utilities Are Usually Covered By Landlords?

• Heat and Hot Water: Landlords must provide these from October 1–May 31 (the "Heat Season") under NYC law, even if your lease is silent. The law requires apartments to be heated to at least 68°F during the day if it’s below 55°F outside, and at least 62°F at night, regardless of outside temperature.^[2]
• Water: In most cases, landlords pay water/sewer charges; this rarely falls on renters.
• Electricity or Gas: These may be the renter’s responsibility, unless your lease lists them as included. Check your lease carefully.

Outside New York City, heating requirements and landlord responsibilities may differ. Check with your local code enforcement office if in doubt.

What Does the Lease Need to Say?

According to New York state law, a written lease should specify who pays each utility. If a utility is not mentioned, the law often assumes the landlord must pay by default, particularly for heat and hot water.

Shared Meter Law in New York

If you share a utility meter (like for gas or electric) with another unit or with common areas, the Shared Meter Law applies:^[3]

• Landlords cannot require you to pay for utility service going to areas outside your rental unit.
• If you are being charged in error for shared utilities, contact the landlord—if it’s not resolved, file a complaint (see below for steps).

Disputes & Renter Protections: What To Do If Something’s Wrong

Problems can arise if utilities are shut off or if the landlord isn’t providing required services. Here’s what to do:

• Notify your landlord in writing of any missed service or billing error.
• If unresolved, contact the New York State Division of Housing and Community Renewal (DHCR)—the body overseeing residential lease issues and utility complaints.

Official Forms You Might Need

• DHCR Form RA-89 (Tenant’s Complaint of Owner’s Failure to Provide Heat, Hot Water, or Other Essential Services): Use if your landlord fails to provide required utilities. Download RA-89 here. Submit to the DHCR—they investigate and may order repairs or rent abatements.
• Shared Meter Complaint Form: Use when you’re wrongly billed for shared utility meters. Download the Shared Meter Law complaint form (RA-89). Submit to the DHCR as above.

Always keep copies and note the date when you submit your forms.

FAQ: Utilities and Billing for NY Renters

1. Who pays for heat in a New York apartment?
   Most landlords must provide and pay for heat unless your written lease clearly says otherwise and your apartment has a separate, dedicated heating unit.
2. If utilities are included, can my landlord turn them off?
   No. The landlord cannot legally shut off required utilities, even if you are behind on rent. Doing so is considered an illegal eviction.
3. What happens if my landlord bills me for another apartment’s utility use?
   Under the Shared Meter Law, you are not responsible—you can file a formal complaint with DHCR and seek reimbursement.
4. Is my lease valid if it’s silent about utilities?
   Leases should state utility responsibilities. If silent, the law assumes the landlord pays for most essential services like water, heat, and hot water.
5. Where can I go for help if my utilities are unfairly billed?
   Contact the DHCR or your local housing authority for assistance.

Conclusion: Key Takeaways for NY Renters

• Always check your written lease to see which utilities you must pay.
• By law, landlords commonly pay for heat, hot water, and water in New York rentals—unless the lease clearly assigns that responsibility to you.
• If you’re billed incorrectly or denied essential services, help is available through the DHCR or your local housing office.

When in doubt, official support and complaint forms are ready to help tenants resolve utility billing or service issues.

Need Help? Resources for Renters

• New York State Division of Housing and Community Renewal (DHCR): Main resource for all tenant and landlord disputes in New York State.
• NYC Department of Housing Preservation & Development Renter Rights: Information for New York City tenants.
• File a complaint with DHCR: For utility billing, lack of essential services, and other rental issues.

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1. New York State Real Property Law – Tenant Rights
2. NYC Heat and Hot Water Requirements
3. New York Shared Meter Law (Real Property Law §52)

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