Been in a fourth-floor walkup in Gowanus for six years. Upstairs neighbor has one of those portable washing machines that hooks to the kitchen sink. Twice now water has come down through my kitchen ceiling around the light fixture — not a drip, more like a faucet. First time super said it was a spill. Now management says since it's the upstairs tenant's machine, it's a tenant-to-tenant issue and I should go through my renters insurance. My ceiling is bubbling and the light flickers. Feels like the building should have to fix the ceiling and tell the neighbor to knock it off. Am I crazy here? Do I really have to make a claim on my own policy for a leak I didn't cause?

Nah, that's lazy. Water coming into your apartment from another unit is a building repair issue, not a personal property problem. They can send a plumber to check the drain line they're all connected to. Your insurance is for your stuff, not for the building's ceiling. Make them open it up and dry it before you get mold. Did the super even look upstairs? If the neighbor refuses access, that's management's problem to enforce, not yours.

You're not crazy, and the management line is mostly wrong for the ceiling repair. In NYC the landlord has a legal duty to keep the building's plumbing, ceilings, and walls in good repair and safe condition. If water from an upper unit is entering your apartment, the landlord is responsible for fixing the building components — the ceiling, the wall cavities, the electrical fixture if it was compromised. They also have to investigate whether the source is the drain line or the neighbor's appliance.

The fact that the neighbor may have caused it with a portable washer doesn't let the landlord walk away. The landlord can still be required to stop the ongoing condition and make repairs. For your damaged personal property, the responsibility may fall on the neighbor and/or their insurance. Your own renters insurance can cover your stuff, but it shouldn't be the only remedy for the building. Also, if you report to your insurance, they may subrogate against the upstairs tenant or the building if there's liability.

What I'd do now:

1. Document with video showing the water coming down, photos of the bubbling ceiling and flickering light, and write down dates/times.
2. Send written notice to management by email and certified mail: describe the leak, say it's recurring, demand immediate inspection and repair, and mention the electrical fixture.
3. If they don't schedule repairs quickly, file a complaint with 311/HPD. A water leak with visible ceiling damage and an affected light fixture is serious enough for HPD to send an inspector and issue violations.

I had a similar situation in Astoria years ago: management tried the same 'tenant-to-tenant' line. HPD came within a few days, and the landlord suddenly found a plumber who opened the ceiling same week. Don't let them frame it as only an insurance claim.

Thanks. I didn't even think about HPD for a leak. I'll send the email with pics tonight. Super already said 'nothing I can do if she won't open the door,' which is weird because she was home when I knocked. If I call 311, do they actually come for a leak that's not dripping at that exact moment? Or do they just close it if the super says they'll fix it?

They do come, especially if you say 'ceiling bubbling, light flickering, repeated leak.' Can't guarantee next day, but water leaks are one of the things they'll inspect. Call it in as 'leak/dampness' and 'possible electrical.' Don't let them close it because the super promises to fix it. In a lot of buildings, 311/HPD is the only thing that makes management move. Also ask the housing inspector to note the light fixture. Is your building rent stabilized? That can add pressure too, but even if not, the basic repair rules still apply.

@Gowanus_G, HPD does respond to active and recurring leak complaints, especially when there's visible damage or a potential electrical hazard. You should describe it as a recurring water leak from the unit above, with a bubbling ceiling and flickering light. That's not a minor 'dripping faucet' category. The inspector may issue a violation for dampness, mold, or defective paint/plaster, and if they see the light fixture, they sometimes note an electrical hazard and send DOI or DOB depending on the condition.

On access: the super saying 'nothing I can do if she won't open the door' isn't quite true. The landlord can give the upstairs tenant written notice and enter for repairs/inspection with reasonable notice, and if the tenant refuses, there are legal remedies. It's not your job to negotiate with the neighbor. I'd tell management in writing that the source is either the drain line or the neighbor's appliance, and you expect them to inspect both.

One caveat: don't withhold rent over this unless a tenants' attorney tells you to. Nonpayment cases move faster than repair complaints, and you don't want to be on defense. If the damage to your property is real, file your renters' claim and ask about subrogation. But the ceiling repair and leak source are on the building.

Yeah, don't withhold. Seen people do that and it makes you the bad guy in housing court even when the leak is obvious. The move is 311, written notice, then maybe an HP action in housing court if they still sit on it. Also, if that neighbor has a portable washer, her lease probably has a clause about water fixtures or no washing machines. Ask management to enforce their own lease. If the drain line is old and clogged, that's even more on them.

Update: management now says they'll patch the ceiling but they won't tell the neighbor to stop using the washer. They said since they're 'repairing the area,' they consider it closed. The neighbor told me it's not her machine, it's the building's old drain line. I just want the kitchen light to stop dripping when she does a load. Should I insist the washer be removed? I know I can't withhold, but a patch seems like a band-aid.

Insist on more than a patch, yeah. A patch alone is not a repair if they haven't opened the ceiling, dried the cavity, and fixed the source. If the neighbor says it's the old drain line, then management actually has a stronger obligation to fix the drain line — that's a building plumbing issue, not a tenant-to-tenant thing at all. If it's the washer, they can still require her to stop using it or fix the hookup, especially if the lease prohibits portable washers. The fact that they're offering a patch suggests they want to close the 311/HPD file, not solve the leak.

What you can say in writing: 'A patch without source repair isn't acceptable. Please tell me in writing whether this is the building drain line or the upstairs tenant's appliance, and provide a date for the source repair and ceiling remediation.' If they won't give that, you can call HPD again and ask for a reinspection, because the leak is likely to recur. Also mention the light fixture every time; wet wiring isn't a cosmetic issue.

Don't get into a side war with the neighbor. Let management and the inspector deal with access and liability. But keep a log — if it leaks again after the patch, you'll have a much stronger housing court case or HPD complaint.