We all know how aggressive winter in NYC can be–and the recent wind advisory, polar vortex making this January the coldest one in 13 years, and the arctic temperatures that accompanied the winter solstice, and unseasonably cold temperatures prove it.
And, because the city loves to test our patience so much, New Yorkers all over have been thrilled (sarcasm, of course) to find that their heaters just suddenly aren’t working–or, they are “working,” yet it’s still feeling like, well, Antarctica. And considering how much noise these damn things make you’d think it meant they were not only working properly, but putting in overtime.
But did you know there’s actually a “heat season” during which time building owners are legally required to keep their buildings at specific temperatures? The heat rules in NYC are as follows:
When is heat season in NYC?
NYC heat season falls between October 1st and May 31st.
What temperature does my apartment need to be during heat season?
The heat season NYC law is that, during heat season, building owners must keep inside temperatures at least 68ºF between the hours of 6am and 10pm when outside temperature falls below 55ºF.
Outside of heat season hours–between the hours of 10pm and 6am–temperatures can be 6ºF lower, or at least 62ºF, regardless of the temperature outside.
What else must building owners provide besides heat?
In addition to heat, building owners are legally required to provide hot water to their tenants 365 days per year at a minimum temperature of 120ºF.
Will my landlord get penalized if they don’t provide heat and hot water?
The bad news for landlords: for heat violations and some hot water violations, the NYC Housing Preservation and Development (HPD) can hit landlords with some pretty hefty violations. Owner penalties and fees are as follows:
- Up to $500 per day for each initial heat or hot water violation
- Up to $1,000 per day for each subsequent violation at the same building during the same and/or the next calendar year from the initial violation or, during the same and/or the next heat season
What can I do if my landlord doesn’t provide me with heat or hot water?
As a tenant, if your landlord isn’t providing you with adequate heat or hot water, HPD suggests first contacting your landlord. However, if they’re unresponsive, you can file a complaint by calling 311 or TTY (212) 504-4115 or using 311 Online.
Can I withhold rent for no heat in NYC?
According to the Met Council on Housing, you can start an HP Action for repairs and services in Housing Court to force your landlord to either turn on or turn up the heat. To do this, you’ll want to ask for a court-ordered inspection and an Order to Correct.
They add that tenants do have a legal right to withhold rent and go on a rent strike, however there are many consequences for doing so.
Can I sue my landlord for no heat in NYC?
Yes, you can sue your landlord if they are not providing adequate heat, as this is considered a violation of the “warranty of habitability” and you have the right to a habitable apartment.
You can learn more about NYC’s heat and hot water requirements here.