New York Consolidated Laws

N.Y. Multiple Dwelling Law § 78 (2026)

Repairs

✓ current as of May 2026

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§ 78. Repairs. 1. Every multiple dwelling, including its roof or
roofs, and every part thereof and the lot upon which it is situated,
shall be kept in good repair. The owner shall be responsible for
compliance with the provisions of this section; but the tenant also
shall be liable if a violation is caused by his own wilful act,
assistance or negligence or that of any member of his family or
household or his guest. Any such persons who shall wilfully violate or
assist in violating any provision of this section shall also jointly and
severally be subject to the civil penalties provided in section three
hundred four.
  2. Whenever, the light, ventilation, or any matter or thing in or
about a multiple dwelling or part thereof, or in or about 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 light, ventilation, matter or thing to be 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 116 cases (13 in the last 5 years), 1950–2026 · leading case: Guzman v. Haven Plaza Hous. Dev. Fund Co., 509 N.E.2d 51 (NY 1987).

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Guzman v. Haven Plaza Hous. Dev. Fund Co., 509 N.E.2d 51 (NY 1987). · cites it 4× “v Latham ( 59 NY2d 231 ) dealing with the liability of an owner out of possession under Multiple Dwelling Law § 78. In Tkach v Montefiore Hosp.”

Bonifacio v. 910-930 S. Boulevard LLC, 295 A.D.2d 86 (N.Y. App. Div. 2002). · cites it 6× “We are asked on this appeal to consider an issue of premises liability not previously considered by the courts of this state: if an owner of premises net leases its property to a tenant, without reserving to itself any right of reentry or inspection and repair, may such owner…”

Rivera v. Nelson Realty, LLC, 858 N.E.2d 1127 (NY 2006). · cites it 3× “Long before Basso was decided, what is now Multiple Dwelling Law §78 (formerly the Tenement House Act) had been enacted.”

Pekelnaya v. Allyn, 25 A.D.3d 111 (N.Y. App. Div. 2005). · cites it 4× “2 Supreme Court denied the motions, reasoning that Multiple Dwelling Law § 78 places the responsibility to maintain the premises in safe condition upon the “owner.”

McCarthy v. Turner Constr., Inc., 953 N.E.2d 794 (NY 2011). “The Rogers Court concluded that common-law indemnification was available to the owner and manager of an apartment building, held statutorily liable under Multiple Dwelling Law § 78 — which imposes a nondelegable duty on owners to maintain their premises in a reasonably safe…”

Manning v. New York Tel. Co., 157 A.D.2d 264 (N.Y. App. Div. 1990). · cites it 3× “v Latham ( 59 NY2d 231 ) dealing with the liability of an owner out of possession under Multiple Dwelling Law § 78” (Guzman v Haven Plaza Hous.”

Allison Gammons v. City of New York, 25 N.E.3d 958 (NY 2014). · cites it 2× “City of New York, 264 AD2d 610 [duty imposed upon building owners to keep buildings in good repair pursuant to Multiple Dwelling Law § 78 was a valid predicate for section 205-e]).”

Jerdonek v. 41 West 72 LLC, 143 A.D.3d 43 (N.Y. App. Div. 2016). · cites it 2× “urther, this Court has held that a statute imposing obligations or liabilities upon the “owner” of real property does not give rise to a claim against the owners of individual condominium units where the claim arises from the common elements or concerns a duty not connected with…”

Bauerlein v. Salvation Army, 74 A.D.3d 851 (N.Y. App. Div. 2010). · cites it 3× “The plaintiffs made a prima facie showing of entitlement to judgment as a matter of law on their claim pursuant to Multiple Dwelling Law § 78 insofar as asserted against TSA, premised upon TSA’s nondelegable duty to maintain and repair the elevette on its premises, even though…”

Barkley v. Plaza Realty Investors Inc., 2017 NY Slip Op 1664 (N.Y. App. Div. 2017). · cites it 2× “The trial court refused to charge either res ipsa or Multiple Dwelling Law § 78. The court found that plaintiff’s failure to offer expert testimony precluded her from establishing that she did not contribute to the happening of the accident, and that the event was of a kind that…”

Mas v. Two Bridges Assocs., 554 N.E.2d 1257 (NY 1990). “The owner of a multiple dwelling owes a duty to persons on its premises to maintain them in a reasonably safe condition (Multiple Dwelling Law § 78). This duty is nondelegable and a party injured by the owner’s failure to fulfill it may recover from the owner even though the…”

Reade v. SL Green Operating P'ship, LP, 30 A.D.3d 189 (N.Y. App. Div. 2006). · cites it 2× “Plaintiff contends that the duties implicated by its negligence cause of action arise not from defendant’s violation of obligations imposed by the lease but from those imposed by statute, specifically, the duty to maintain the premises in reasonably safe condition and to protect…”

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— N.Y. Multiple Dwelling Law § 78(1) — 1 case

Baker v. 40 E. 80 Apt. Corp., 2022 NY Slip Op 02357 (N.Y. App. Div. 2022).

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