NYC Heat Law: what are the requirement
Go Back To Previous PageThe heating season in NYC begins on October 1 and lasts until May 31. During these colder months, landlords are required by NYC heat laws to provide sufficient heat in your apartment. Here is more information about NYC heat laws. You will also find your options if your apartment lacks enough heat.
NYC Heat Law 2024-2025
New York City heat laws mandate that landlords provide adequate heating during the winter months. Specifically, from October 1, 2024, to May 31, 2025, landlords must adhere to the following requirements:
- If the outside temperature drops below 55 degrees Fahrenheit between 6 AM and 10 PM, the indoor temperature of your apartment must be maintained at a minimum of 68 degrees Fahrenheit.
- The indoor temperature must stay above 62 degrees Fahrenheit from 10 PM to 6 AM, regardless of the temperature outside.
NYC Heat Laws Explained
New York City heat laws guarantee tenants the right to sufficient heating as a fundamental necessity. Without proper heating, an apartment can be deemed uninhabitable. Therefore, in
New York City, tenants have the explicit right to a sufficiently heated apartment during winter.
The New York City Department of Housing Preservation and Development (HPD) requires landlords to provide hot water. This requirement applies all year round. They must also provide enough heat during the “heat season, “which lasts from October 1 to May 31 each year.
Landlords cannot violate tenants’ protected rights, including the right to heating and hot water. Unfortunately, landlords and rental property managers often violate NYC heat laws. For instance, in 2019, the HPD received over 3,000 heat-related complaints.
If you want to know if tenants can have cool and comfortable temperatures in summer, check out our article. It covers apartment air conditioning laws.
What Can You Do If Your Landlord Has Violated NYC Heat Laws?
- Withhold Rent
- Notify the Landlord in Writing
- File a Complaint or Call 311
- Commence a Legal HP Proceeding
- Wait for the City to Fine Your Landlord
1. Withhold Rent If Your Apartment Lacks Heat
If you find yourself in a bad situation where your landlord breaks NYC heat laws, you have several options. While you can legally withhold rent, tenants should be cautious when considering this remedy. If you withhold rent or only pay a portion, your landlord could sue you for nonpayment.
If this happens, you can file a counterclaim because the landlord broke the warranty of habitability. In this case, the court may order a rent abatement if you qualify for one. Tenants usually do not know the exact amount the court will decide. Therefore, it is best to be ready to pay the full rent as a worst-case scenario.
Therefore, tenants should only withhold rent if they are responsible enough to set aside the rent money until the court determines the appropriate amount.
If tenants cannot pay rent (after any court-ordered rent abatements), they risk being evicted for nonpayment.
2. Notify the Landlord in Writing
Before considering withholding rent, you should notify your landlord. You can do this by calling, emailing, or writing a letter. Your lease or building rules should specify the procedures for filing a maintenance request.
Additionally, make sure to have your superintendent’s contact information for any repair requests. Regardless of how you inform your landlord, keeping a copy of all written correspondence for your records is essential.
3. File a Complaint or Call 311 If Your Apartment Lacks Heat
Suppose your apartment is experiencing a lack of heat and an emergency, such as when it’s 12 degrees outside and you have no heat or hot water. In that case, you can file a complaint online with the city or call 311 to report the conditions to the Department of Housing Preservation and Development (HPD). During the winter months and periods of cold weather, this is an effective method for quickly addressing heat complaints.
4. Commence an HP Legal Proceeding If Your Apartment Lacks Heat
If all else fails, you can initiate a legal proceeding in housing court against your landlord, known as an “HP proceeding.” This “type of court case” is brought by tenants to compel landlords to make repairs within the apartment, correct any existing building violations, or address other issues the tenant has with the landlord or building.
When you go to the Housing Court in your county, the clerk will assist you in filling out an “Order to Show Cause D” directing the Correction of Violations.” In this Order to Show Cause and Petition, you will detail the lack of heat and provide information to support your claim. Additionally, you can mention any other repair needs in each apartment room and the common areas.
Upon filing the HP Proceeding, you can request an apartment inspection from the Department of Housing Preservation and Development (HPD). However, you can request the inspection after the initial court appearance if you want to secure a faster court date or appearance.
If you cannot afford the filing fee to start an HP proceeding, you can apply to hear your case as a poor person. If the court approves your application, you can continue your case against the landlord at no cost.
5. Wait For the City to Fine Your Landlord
New York City imposes daily fines for issues such as apartment heat shortages, building violations, and emergency repair liens. As a result, most landlords tend to respond quickly to reports made through 311 complaints and Housing Preservation (HP) Proceedings.
Do You Have to Pay Rent If There Is No Heat?
You can technically withhold rent if you are without heat and the landlord doesn’t remedy the situation quickly, as it would violate the NYC warranty of habitability, but not paying rent should be considered an extreme measure.
It’s not recommended. Suppose your landlord can sue you and try to evict you if you withhold rent. While the court might side with you and give you a rent reduction, it’s rarely worthwhile. Usually, it’s far easier to report the heat violation to the authorities, as the threat of fines should motivate your landlord to fix the heating issues.
