When a pipe bursts in a condo building in winter, the damage often involves two policies: the association typically insures the structure and common areas, the unit owner the interior, improvements and belongings. A renter’s belongings are protected only by the renter’s own policy — New York’s Department of Financial Services notes that a landlord does not insure a tenant’s personal property.
Before the first hard freeze, November is a good time to check your policy along with the radiators. In a building with many units, one leaking pipe can damage several apartments at once — and “whose insurance pays for this?” stops being a hypothetical question.
The building’s policy vs. the unit owner’s policy
According to the New York State Department of Financial Services (DFS), condominium owners policies generally cover alterations, appliances, fixtures, improvements and interior walls within the insured unit, while condo buildings and their common areas are typically insured through policies issued to the owners’ association (DFS: choosing a homeowners policy). For co-op shareholders, DFS describes policies covering the unit’s contents and personal liability.
The line is not always obvious: a riser in the wall and the supply line under your sink may fall under different provisions, and the building’s documents decide where the master policy ends. Ask the board or managing agent what the master policy covers and what its deductible is.
After damage to common areas, the association may pass part of the cost, such as the master policy deductible, on to unit owners. Whether your own policy protects you against that assessment is settled when you get a quote.
Water from a neighbor and personal liability
DFS explains that tenant and co-op policies cover personal liability when people are injured or sustain property damage arising from the insured unit. If water from your bathroom ends up in the apartment below, your neighbor’s claim lands in that part of your policy, so check its limit.
When the water comes from upstairs, settlement depends on the cause and on several policies — your own coverage can let you start repairs without waiting to learn who was at fault.
Liability protection can be extended with an umbrella policy. DFS describes it as additional liability coverage against judgments in lawsuits, above the limits of your underlying policies.
Renters: the landlord’s policy does not cover your things
NYC Emergency Management notes that many renters assume the landlord’s insurance would protect them after a fire or flood, but the building’s policy only protects the structure. DFS confirms that a landlord does not insure a tenant’s belongings, with a possible exception when the landlord knew of a hazardous condition and failed to fix it in a reasonable time.
Among the causes of loss a renters policy typically covers, according to DFS, is water from plumbing failure, appliance failure, fire sprinklers or another accidental discharge. It also generally includes loss of use, personal liability and medical payments to others.
Tenants are also entitled to heat. From October 1 through May 31, the city’s housing agency HPD requires at least 68°F indoors during the day when it is below 55°F outside, and at least 62°F at night. If the landlord does not respond, call 311.
Frozen pipes: a few steps before the cold sets in
The NYC Department of Environmental Protection (DEP) recommends that you insulate pipes and meters in unheated areas, shut off water to outside faucets, remove hoses and drain the lines, and have someone run a faucet periodically if you will be away during cold weather. Never thaw a frozen pipe with an open flame, and report a water meter damaged by the cold to 311.
Know where your main water shutoff is, and ask your agent whether, and under what conditions, your policy covers frozen-pipe damage — especially if the unit sits empty while you travel for the holidays.
Water from outside is a different matter: DFS notes that flood losses are not covered by standard homeowners or unit policies and require a separate policy. Details are in our guide to home, condo and renters insurance on Staten Island.
What it means for Polish Americans
Many Polish families on Staten Island, in Brooklyn and in Queens live in condos and co-ops or rent. The policy is usually bought at closing or lease signing and rarely revisited, even after a remodel changes what the interior is worth.
Thomas K. Kowalski, licensed in New York and New Jersey, runs an Allstate agency on Bay Street on Staten Island that serves clients in English, Polish and Spanish. For a policy review, it helps to have your current policy, the board’s information on the master policy and a list of your more valuable belongings.
A few questions asked in November can save you an argument over who pays for a water-stained ceiling in January.
Coverage, exclusions and deductibles depend on the specific policy, building and unit, and the details are set when you get a quote at the agency. Services and contact details are in the Thomas Kowalski – Allstate listing on PolishPages.
This article is for informational purposes only. Coverage depends on the terms of each policy, and every situation requires an individual assessment — please contact the Allstate agency of Thomas Kowalski.
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