N.Y. Real Prop. Acts & Proc. Law § 756
Stay of summary proceedings or actions for rent under certain conditions
Operative Text
§ 756. Stay of summary proceedings or actions for rent under certain conditions. In the event that utilities are discontinued in any part of a dwelling because of the failure of the landlord or other person having control of said dwelling to pay for utilities for which he may have contracted, any proceeding to dispossess a tenant from said building or an action against any tenant of said building for rent shall be stayed until such time as the landlord or person having control of said dwelling pays the amount owing for said utilities and until such time as the utilities are restored to working order.
Under N.Y. Real Prop. Acts & Proc. Law § 756, when utilities in a dwelling are shut off because the landlord or the person controlling the property failed to pay a utility bill they were responsible for, any eviction proceeding or lawsuit to collect rent from tenants in that building is automatically paused. The stay remains in effect until the responsible party pays the overdue utility charges and the utilities are fully restored. This rule links the landlord's obligation to maintain utility service to the ability to pursue tenants for possession or rent.
Plain English — not legal advice.
N.Y. Real Prop. Acts & Proc. Law § 756 makes clear that a landlord's or property manager's failure to pay contracted utility bills can halt any pending or new summary proceeding or rent action against tenants in the affected building. Operators who remain current on utility accounts they have contracted to pay generally avoid triggering this automatic stay. Property managers overseeing buildings where utilities have lapsed should be aware that both payment of the outstanding balance and confirmed restoration of service are required before proceedings may resume.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 756 gives tenants a potential defense if a landlord initiates eviction proceedings or sues for rent while utilities have been cut off due to the landlord's own nonpayment. Tenants in this situation may be able to raise the utility shutoff as a basis to stay the proceeding, and tenant-rights organizations or a local rent board can help explain how this defense applies in a particular court or administrative context. Documenting the shutoff, including any notices from the utility provider indicating the landlord's nonpayment, can be relevant to asserting rights under this provision.
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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