New York Consolidated Laws
N.Y. Multiple Dwelling Law § 77 (2026)
Plumbing and drainage
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 77. Plumbing and drainage. 1. In every multiple dwelling all liquid or water-borne waste from plumbing fixtures shall be conveyed by a house drain and house sewer to a street sewer or to a combined street storm-water main and sewer, unless no such sewers are available. It shall be unlawful to erect a multiple dwelling which is to be occupied by five families or more unless a connection is made with a street sewer or combined street storm-water main and sewer. 2. For every multiple dwelling where neither kind of sewer is available, provision shall be made for disposing of such waste as may be required by local law. 3. All roofs, terraces, shafts, courts, areas and yards in every multiple dwelling shall be properly graded, drained and connected with a street storm-water main or combined sewer and street storm-water main so that all storm water may pass freely into it, except that where no street storm-water main or combined sewer and street storm-water main exists, the department may permit the storm water from such areas and spaces to drain into a street gutter which leads to a natural channel or water course, or into a dry well. When required by the department, the shafts, courts, areas and yards shall be properly concreted. Every roof shall be so drained that all storm water shall be conveyed therefrom in a manner that will prevent dripping to the ground or the causing of dampness in walls, ceilings, yards, shafts or areas. Nothing in this section shall be deemed to prevent the turfing over of any yard or court space or the planting of shrubs or trees therein when approved by the department. 4. The owner of every multiple dwelling or part thereof shall thoroughly cleanse and keep clean at all times, and in good repair, the entire plumbing and drainage system including every water-closet, toilet and sink and every other plumbing fixture therein. 5. Whenever the plumbing, sewerage or drainage of any multiple dwelling or part thereof or of the lot on which it is situated is in the opinion of the department in a condition or in its effect dangerous to life or health, the department may order or cause any such plumbing, sewerage or drainage to be purified, cleansed, disinfected, removed, altered, repaired or improved, or, as provided in section three hundred nine, take such other action as it may deem necessary to remove such danger to life or health.
Notes of Decisions
Cited in 4
cases, 1991–2013 · leading case: Parsons v. City of New York, 195 A.D.2d 282 (N.Y. App. Div. 1st Dep't 1993).
Parsons v. City of New York, 195 A.D.2d 282 (N.Y. App. Div. 1st Dep't 1993). “Given the determination at the first trial, that defendants were not negligent in the maintenance or repair of the sump well cover, and the previous direction of this Court, that the second trial be on the *285 issue of " 'construction and installation’ ” ( 175 AD2d 783 ,…”
Gazdo Props. Corp. v. Lava, 149 Misc. 2d 828 (N.Y. City Civ. Ct. 1991). “” (Multiple Dwelling Law § 77 [4].) "The owner of a dwelling shall properly maintain and keep in good repair the plumbing and drainage system, including water closets, toilets, sinks and other fixtures.”
Mora v. Cammeby's Realty Corp., 106 A.D.3d 704 (N.Y. App. Div. 2d Dep't 2013). “The defendant’s contentions with respect to Multiple Dwelling Law §§ 77 (4) and 78 (1), and pre-1968 versions of the Administrative Code, are raised for the first time on appeal, and therefore are not properly before this Court.”
Mora v. Cammeby's Realty Corp., 106 A.D.3d 704 (N.Y. App. Div. 2d Dep't 2013). “The defendant’s contentions with respect to Multiple Dwelling Law §§ 77 (4) and 78 (1), and pre-1968 versions of the Administrative Code, are raised for the first time on appeal, and therefore are not properly before this Court.”
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