Premises liability
Negligent Property Management in New York: When Owners and Managers Can Be Liable
Broken stairs, dark hallways, ignored leaks and uncleared walkways cause serious injuries every year. Whether the building owner, the management company or a contractor is responsible depends on who controlled the problem and who knew about it.
By Michael A. Licatesi · Published · Updated
The short answer
- Building owners in New York have legal duties to keep their property in good repair. For multiple dwellings, Multiple Dwelling Law 78 makes the owner responsible for keeping the building and its lot in good repair.
- A management company is not automatically liable. When a managing agent is accused of failing to act, New York courts hold it liable only where it had complete and exclusive control of the management and operation of the property. That rule is about failures to act; a company can still be responsible if its own careless work creates a hazard or another recognized exception applies.
- Most cases turn on notice: whether the owner or manager knew about the hazard, or should have discovered and fixed it.
- Written complaints, work orders, photos and witness names are the evidence that usually proves it.
This guide explains general New York rules. It is not legal advice about your situation.
What negligent property management means
Negligent property management describes a failure by the people who own or run a building to keep it reasonably safe, which then causes an injury to a tenant, a visitor or someone else lawfully on the property. It can involve a single ignored repair or a pattern of deferred maintenance across a building.
The claim is usually brought against the owner, and sometimes also against a management company, a superintendent's employer or an outside contractor, depending on who was responsible for the condition that caused the harm.
What New York owners are expected to do
Owners and those who run buildings for them are generally expected to:
- Repair structural defects such as crumbling stairs, broken railings and damaged ceilings.
- Keep hallways, stairwells, entrances and parking areas adequately lit.
- Keep walkways clear, including snow and ice, broken pavement and uneven surfaces.
- Maintain working locks and entry doors and reasonable building security.
- Maintain plumbing and electrical systems to prevent leaks, water damage, fire and shock hazards.
- Address pests, mold and other conditions that make a unit unsafe.
Several specific rules back these duties up in New York City:
- Good repair. Under Multiple Dwelling Law 78, every multiple dwelling, including its roof and every part of it and the lot it sits on, must be kept in good repair, and the owner is responsible. A tenant can also be liable for a violation caused by the tenant's own willful act or negligence.
- Heat and hot water. According to NYC Housing Preservation and Development, between October 1 and May 31 the indoor temperature must be at least 68 degrees Fahrenheit from 6 a.m. to 10 p.m. when it is below 55 degrees outside, and at least 62 degrees from 10 p.m. to 6 a.m. regardless of the outside temperature. Hot water must be provided all year at a constant minimum of 120 degrees. More detail is in our New York tenants' rights guide.
- Sidewalks and snow. The owner of property next to a sidewalk is generally liable for failing to keep it reasonably safe, including snow and ice removal, under Administrative Code 7-210, with an exception for certain owner-occupied one- to three-family homes. Snow timing rules are explained in our winter storm slip and fall guide.
Common examples of negligent property management
Known repairs left undone
What it looks like Broken stairs, loose railings or leaking ceilings that tenants reported more than once
Proof that usually matters Complaints, emails, texts, work orders and how long the condition lasted
Poor lighting
What it looks like Burned-out bulbs in stairwells, hallways, garages and entrances
Proof that usually matters Photos at night, complaints and maintenance logs
Snow and ice
What it looks like Uncleared entrances, steps, walkways and parking areas
Proof that usually matters Weather timeline, snow removal records and contractor agreements
Inadequate security
What it looks like Broken entry door locks, intercoms or cameras in a building with known problems
Proof that usually matters Prior incidents, repair requests and security records
Elevator problems
What it looks like Sudden drops, misleveling or doors that close on people
Proof that usually matters Inspection and maintenance records and service calls
Water, mold and other conditions
What it looks like Leaks that are ignored until floors become slick or ceilings fail
Proof that usually matters Leak reports, repair history and photos of the damage
| Hazard | What it looks like | Proof that usually matters |
|---|---|---|
| Known repairs left undone | Broken stairs, loose railings or leaking ceilings that tenants reported more than once | Complaints, emails, texts, work orders and how long the condition lasted |
| Poor lighting | Burned-out bulbs in stairwells, hallways, garages and entrances | Photos at night, complaints and maintenance logs |
| Snow and ice | Uncleared entrances, steps, walkways and parking areas | Weather timeline, snow removal records and contractor agreements |
| Inadequate security | Broken entry door locks, intercoms or cameras in a building with known problems | Prior incidents, repair requests and security records |
| Elevator problems | Sudden drops, misleveling or doors that close on people | Inspection and maintenance records and service calls |
| Water, mold and other conditions | Leaks that are ignored until floors become slick or ceilings fail | Leak reports, repair history and photos of the damage |
Code violations issued by city inspectors can also be important evidence, because they show that a problem was documented and how long it went uncorrected.
Owner, management company or contractor: who is liable?
More than one party can share responsibility, but each is judged by its own role:
Building owner
When it may be responsible Generally responsible for keeping the property reasonably safe, even when day-to-day management is delegated, and for multiple dwellings has a statutory duty to keep the building in good repair
Management company (managing agent)
When it may be responsible When accused of failing to act, liable only if it had complete and exclusive control of the management and operation of the property (Cacciuottolo v Brown Harris Stevens Mgt., 2021; Quezada v CBRE, 2024). A management contract where the owner kept some control may not be enough.
Maintenance, snow removal or security contractor
When it may be responsible May be responsible for negligent work within its own job, depending on its contract and what it actually did
Commercial tenant or occupant
When it may be responsible May share responsibility for areas it controls, such as a store entrance, under its lease and the facts
| Party | When it may be responsible |
|---|---|
| Building owner | Generally responsible for keeping the property reasonably safe, even when day-to-day management is delegated, and for multiple dwellings has a statutory duty to keep the building in good repair |
| Management company (managing agent) | When accused of failing to act, liable only if it had complete and exclusive control of the management and operation of the property (Cacciuottolo v Brown Harris Stevens Mgt., 2021; Quezada v CBRE, 2024). A management contract where the owner kept some control may not be enough. |
| Maintenance, snow removal or security contractor | May be responsible for negligent work within its own job, depending on its contract and what it actually did |
| Commercial tenant or occupant | May share responsibility for areas it controls, such as a store entrance, under its lease and the facts |
The managing-agent rule surprises many people. A management company's duties usually come from its contract with the owner, and a contractual obligation, standing alone, generally does not create liability to an injured third party. As quoted in Cacciuottolo, the Court of Appeals in Espinal v Melville Snow Contractors recognized three exceptions: where the contracting party, by failing to use reasonable care in its work, launched a force or instrument of harm; where the injured person detrimentally relied on the continued performance of its duties; and where it entirely displaced the owner's duty to maintain the premises safely. The management agreement, and who made repair decisions in practice, are early documents to obtain.
Proving notice: actual and constructive
In most premises cases, the injured person must show that the owner or manager either created the hazard or had notice of it.
- Actual notice means they knew. Written tenant complaints, repair requests, inspector violations and staff reports are the usual proof.
- Constructive notice means they should have known. As the Court of Appeals put it in Gordon v American Museum of Natural History, quoted in Tavernese v Town of North Hempstead (2025), "a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit defendant's employees to discover and remedy it."
Photos showing deterioration over time, statements from several tenants about a long-standing problem and maintenance logs that show no inspections can all help establish notice.
Results in building and premises cases
$225,000
$225,000 Apartment Building Slip-and-Fall Settlement
The Licatesi Law Group secured a $225,000 settlement after our client slipped and fell in their apartment building.
$4,000,000
$4,000,000 Jury Verdict — Overturned Dismissal on Appeal
$4,000,000 jury verdict secured after overturning a dismissed case on appeal and obtaining a 100% liability finding for the plaintiff who suffered spine surgery as a result of a fall.
Past results do not guarantee a similar outcome. Every case depends on its own facts.
Step 1
Report the hazard and the injury in writing
Get medical care first and tell the doctor how the injury happened. Then notify the owner or management company in writing, describe the condition and keep a copy. A written report is better evidence than a phone call or a conversation with the super.
Step 2
Preserve the evidence
- Photograph the hazard and the surrounding area before it is repaired, including the lighting.
- Save earlier complaints, emails, texts, portal requests and work orders.
- Write down names of witnesses, neighbors who had the same problem and staff you spoke to.
- Note where security cameras are; footage is often recorded over.
- Keep medical records, bills and proof of missed work.
Step 3
Know the deadline
A personal injury lawsuit against a private owner or management company generally must be filed within three years under CPLR 214. If the building is owned or run by a public body, the deadline is much shorter and depends on the entity: A city, county, town, village or school district generally requires a notice of claim within 90 days under General Municipal Law 50-e. A claim against New York State goes to the Court of Claims under Court of Claims Act 10, and some public authorities, such as transit or housing authorities, have their own statutes. See our guide on how to sue a city or public agency in New York.
Frequently asked questions
Sometimes. When the claim is that a managing agent failed to act, New York courts hold it liable only where it had complete and exclusive control of the management and operation of the property. A company can also be responsible under recognized exceptions, for example if its own careless work created the hazard. In many cases the building owner is the main defendant, and the management company may be added depending on its contract and its actual role.
Usually the owner is responsible for keeping common areas such as lobbies, hallways, stairs and entrances reasonably safe, and multiple dwellings must be kept in good repair under Multiple Dwelling Law 78. The claim generally requires proof that the owner created the hazard or had notice of it.
You may still be able to show constructive notice if the condition was visible and apparent and existed long enough that the owner's staff should have discovered and fixed it. Other tenants' complaints can also show notice.
Depending on the case, damages can include medical expenses, lost earnings and pain and suffering. The amount depends on the injury, the evidence and how fault is divided.
Generally three years against a private owner or manager under CPLR 214. For buildings owned or run by public bodies, deadlines are much shorter and depend on the entity: A city, county, town, village or school district generally requires a notice of claim within 90 days under General Municipal Law 50-e. Claims against New York State go to the Court of Claims under Court of Claims Act 10, and some public authorities have their own statutes.
Related guides
Sources
- N.Y. Multiple Dwelling Law 78 (repairs)
- NYC Housing Preservation and Development: heat and hot water
- NYC Administrative Code 7-210 (sidewalk maintenance liability)
- Cacciuottolo v Brown Harris Stevens Mgt. (2d Dept 2021)
- Quezada v CBRE, Inc. (2d Dept 2024)
- Tavernese v Town of North Hempstead (2d Dept 2025), quoting Gordon v American Museum of Natural History
- N.Y. CPLR 214 (three-year period for personal injury)
Injured because a building was not maintained?
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