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The shower in my NYC rental apartment is starting to back up. Am I responsible for clearing a clogged bathroom drain, or is that the super’s job?
New York's implied warranty of habitability requires landlords to keep your unit—and the plumbing in it—safe and functional, regardless of what your lease says. Under the 2019 Housing Stability & Tenant Protection Act, this warranty was expanded to explicitly include a duty to repair, and it covers public areas of the building too. Any lease clause that tries to waive this right is void as a matter of public policy.
The exception: If you caused the clog yourself—through negligence or by putting things down the drain that don't belong there—the landlord isn't on the hook for that damage, and could even pass the repair cost to you.
Where our expert draws the line
Arik Lifshitz, CEO of DSA Property Group, summed it up this way: Routine upkeep that doesn't require a "snake" or other specialized tool is, in most cases, the tenant's job. That means both clearing minor debris yourself (using a plunger, an enzyme cleaner, or pulling out visible hair) and taking preventive steps, like installing a drain cap or mesh cover (they’re very cheap) to catch hair and debris before it goes down the drain.
"But ultimately, if a snake is needed to clean out a clog, it’s the landlord’s responsibility," Lifshitz said. That's because an untrained novice risks damaging the pipes by using the tool incorrectly. Additionally, it is unreasonable to expect a tenant to fix what may be—or quickly become—a building-side plumbing issue.
"There are always exceptions to every rule, and I can imagine egregious situations on both sides that would cause one or the other party to be liable," he said.
For example, if the drain becomes clogged due to tenant negligence or malicious intent—and there's proof of that—a landlord could conceivably charge the tenant. A consistent pattern of clogs would also be a red flag, especially if your landlord has already explained that whatever you are doing is not allowed.
So while most landlords are understanding and know backups happen, if they pull your kid's bath toys or other items that don’t belong out of the pipes more than once, don’t be surprised if they ask for a reimbursement—or, in extreme cases, refuse to renew your lease or even move to evict.
Furthermore, you can get into trouble if you repeatedly flush items down the toilet that are not meant to be flushed, such as paper towels, "flushable" wipes, or hygiene products.
The same goes for pouring non-dissolvable items, such as grease or food fat, down the kitchen drain (or into the toilet).
When plumbing problems go very wrong
Lest you wonder what could happen, improperly disposed of cooking grease was to blame for the infamous Queens "fatberg" of 2017, which resulted in major sewer backups.
That incident wasn't a one-off—fatbergs are part of an ongoing, expensive problem for the city's sewer system—and the city's Department of Environmental Protection still runs public education about it.
On that note, the DEP advises that the correct way to dispose ofcooking grease is to let it cool, put it in a sealed container (such as a yogurt container or take-out soup container), label it "Cooking Oil—Not for Recycling," and toss it with regular trash, or freeze it in a resealable bag first. The DEP also advises using paper towels to wipe away any residual grease or oil from your dishes, pots, and pans before washing them. And never flush it in a toilet.
Most leases don't contain any language regarding this situation. However, some agreements include provisions like: "Tenant shall keep drains clear and be responsible for clogs caused by tenant’s actions."
What you can and should do
The habitability standard has real teeth. Regardless of rent regulation status, all NYC tenants—not just those in rent-stabilized units—can seek repairs and rent abatements for violations of the warranty of habitability. However, if a defect is due to the tenant's negligence, the landlord may not be responsible for the cost, even though the landlord must still keep the premises in good repair.
Otherwise, take these steps to protect yourself:
1. Try an easy fix: plunge it, or us an enzyme-based cleaner. Skip Draino-type chemical cleaners, which can damage older NYC pipes.
2. Document it before you report it: photos or a short video of the backup helps if this becomes a dispute later.
3. Notify your landlord in writing: send an email or text so there's a timestamped record. Landlords get a "reasonable time" after proper written notice to make repairs—decided on a case-by-case basis, but typically expected to wrap up within 30 days.
Landlords will often send a plumber and then bill the tenant. If this happens, request a plumber’s report showing the cause before making any payment.
Should the landlord refuse to fix it, and the clog is not your fault, tenants are advised to call 311 for "sinks, bathtubs, showers, toilets, or other plumbing fixtures that are broken or defective."
If a landlord ignores the problem, tenants can file a complaint with NYC's Housing Preservation and Development (HPD) or take the matter to Housing Court, which can order repairs. For prolonged issues, courts can also award a rent abatement—a partial rent credit—proportional to the extent the condition affected livability.
The ultimate advice
Keep a two-dollar drain cover in every shower and sink. It's the single cheapest way to avoid clogs—and keep you on the "not my fault" side of any dispute.
—Earlier versions of this article contained reporting and writing by Nikki M. Mascali.
