Cal. Civ. Code § 78
Repairs
Operative Text
§ 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.
Under N.Y. Mult. Dwell. Law § 78, every multiple dwelling — including its roof, all interior and exterior parts, and the lot it sits on — must be maintained in good repair at all times. Primary responsibility for compliance rests with the building owner, though a tenant can also bear liability when a violation results from that tenant's own willful act, negligence, or the conduct of household members or guests. When the relevant department finds conditions that are dangerous to life or health — such as deficient light or ventilation — it has authority to order repairs, require improvements, or take other remedial action under the statute.
Plain English — not legal advice.
Owners and managers of multiple dwellings subject to N.Y. Mult. Dwell. Law § 78 are generally expected to conduct regular inspections of all building components — roofs, common areas, individual units, and the surrounding lot — and to address deteriorating conditions before they rise to the level of a code violation. Because the department may independently order repairs or take corrective action when it identifies dangers to life or health, operators who maintain documented maintenance schedules and respond promptly to repair requests tend to be better positioned to demonstrate ongoing compliance. Civil penalties under Section 304 of the Multiple Dwelling Law can apply jointly and severally to any party found to have willfully violated or assisted in violating § 78.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 78 establishes a broad owner obligation to keep the entire building and lot in good repair, which forms a basis for tenants to raise habitability concerns when conditions deteriorate. Tenants who believe their building has unaddressed repair issues — particularly those affecting light, ventilation, or structural safety — may have the option of filing a complaint with the local housing or buildings department, which has authority under § 78 to order repairs or take other corrective action. Tenant-rights organizations and legal aid offices can help residents understand how § 78 interacts with other protections, such as the warranty of habitability, and what general enforcement paths may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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