Nyc Landlord Heat Laws

As temperatures rise, skies clear and the city settles in the middle of April, New Yorkers are starting to open their windows to breathe in the spring air — and homeowners are starting to itch, turn off their boilers and save a few dollars on heating their apartment buildings. However, New York City has strict laws on when tenant heating can be legally turned off, and there are serious consequences when landlords decide to abandon their responsibility to keep their tenants warm. Many people are surprised to learn that they are responsible for paying for heating in their rental apartments in New York. While landlords are required to provide heating during the winter months, tenants are responsible for paying for actual heating. HPD charges a $200 fee for all inspections after the first two if they result in a heat outbreak during the same hot season (October to May) or a hot water violation in a calendar year. These fees are in addition to the civil penalties that may be imposed by the housing court. These fees are not paid directly to HPD, but are billed to the owner through the Ministry of Finance on the quarterly invoice after the inspection. All outstanding fees become a debt of the owner and a lien on the premises. The tax lien bears interest and can be sold and/or enforced to recover the amount owed to the city through the sale of the tax lien.

Fortunately, there are some things you can do to make winter a little easier. For starters, make sure your heaters stay on and your windows are covered at night. You should also take advantage of daylight hours by opening blinds and curtains during the day. According to the New York Department of Housing Preservation and Development, heating must be provided to tenants from October 1 to May 31 each year — a time known as the “hot season.” Meanwhile, the indoor temperature of apartments should be kept at a minimum of 68 degrees Fahrenheit between 6 a.m. and 10 p.m. when outside temperatures drop below 55 degrees, while indoor temperatures should be kept at least 62 degrees at night, regardless of the cold outside. In addition, hot water must be supplied year-round at a minimum temperature of 120 degrees Fahrenheit. In addition to heating regulations that apply during New York`s hot season, landlords must provide their tenants with year-round hot water with a constant minimum temperature of 120 degrees Fahrenheit. If you constantly have cold water in winter, you have the right to complain and solve the problem as soon as possible. Homeowners are also required to provide year-round hot water with a minimum temperature of 120 degrees Fahrenheit.

If a landlord does not provide heating or hot water, tenants can file a complaint with the New York Department of Housing Preservation and Development. Although 68 degrees doesn`t sound very hot, it`s important to remember that it`s the minimum temperature homeowners need to keep. In practice, most owners keep their apartments at a pleasantly warm temperature, usually between 72 and 76 degrees. The study also found a remarkable correlation between the cost of renting an apartment and the likelihood that tenants will have to file a heating complaint – in general, the higher the rent, the less likely a unit is to be exposed to heat damage. In other words, there is a clear economic gap between who has adequate access to heating and who does not. Some homeowners may be eligible for the penalty by submitting a $250 payment with a timely correction notice. The notification of violation shall clearly indicate whether the violation is eligible for payment in the form of civil penalties, depending on whether the heat violation is the first such violation in the current or previous hot season or whether the hot water violation is the first such violation in the current calendar year or the previous calendar year. An owner who chooses to submit a notice of correction and payment to satisfaction may do so by mail or by using the electronic attestation. The condition must be resolved within 24 hours of the breach being posted (same as the inspection date), and payment of $250 must be made within 10 days.

Payment can be made by credit or debit card (there is a 2% fee for credit cards) or by certified check or money order. If notice of correction and payment are not received within the 10-day period, HPD may initiate a correction order and civil penalties in the housing court. Unfortunately, homeowners in New York City are notorious for not turning on their boilers on time, turning off the heat early in the spring, and not providing adequate heating even in the middle of the heating season. A study conducted by RentHop found that between October 1, 2021 and January 19, 2022, 116,452 complaints about heating and hot water were made to 311, an increase of 25.6% compared to the same period last year. Sophie McIntosh is a Brooklyn-based writer and playwright from Sun Prairie, Wisconsin. His plays have been produced by the Imaginarium Theatre Company, the Platform Production Company and the Boston Theater Marathon. Discover more of his work in! Heating and hot water are essential services that all homeowners must provide and maintain, especially during the winter season. However, there is no single answer to the question of what temperature is best for your home. A variety of factors, including the time of year and the type of heating and cooling system you have.

May affect the most comfortable temperature for you. If you are renting without heat or hot water, contact your landlord first. This is the easiest way to solve a quality of life problem. If your landlord doesn`t respond, file a complaint: Enforcement of heating and hot water laws is just one of the many ways HPD home inspectors help keep New Yorkers in safe homes. From 2018 to 2019, HPD`s enforcement team conducted 1.4 million inspections and issued 1.1 million violations, ranging from heat and lead-based paints to mold and pests. During the COVID-19 pandemic, HPD inspectors continued to respond to complaints in all five counties and put in place the necessary safeguards to ensure critical housing needs are met while families spend significant time at home. HPD collects fees, penalties and makes emergency repairs to ensure households have an essential supply of heat and hot water. Knowledge: The New York State Housing and Community Renewal Division (DHCR) has the right to reduce rent for rent-regulated housing in New York if required heating and hot water services are not maintained. NYS Reports If you don`t have heating or hot water, consider an HP lawsuit in housing court. NYCHA and private tenants can submit HP actions for required repairs to your apartment or common areas of the building. Learn how to file an HP lawsuit by visiting the New York City Housing Court website. For more tips, visit the Responses to Housing Court website.

Calling 311 or starting an HP action can upset your landlord. A disgruntled landlord may refuse to renew your lease or increase your rent. This is unlawful retaliation. If you are afraid of retaliation, you can call anonymously and report a heating violation. The downside? The inspector may not be able to enter the building and measure the temperature in your individual apartment. If you find yourself in the unfortunate situation where your landlord has violated New York`s heating laws and continues to break the rules, you have a few options. While you are technically allowed legally to withhold rent, tenants should be cautious in pursuing this appeal. In particular, your landlord could turn around and sue you for non-payment of rent if you withhold rent in full or pay only part of the rent. In this case, however, you have the legal right to file a counterclaim due to the owner`s breach of the habitability warranty. In this case, the court will order a rent reduction if you are legally entitled to it.

If your landlord doesn`t respond to your complaints right away, you and your neighbors should also consider contacting the city by calling 311 or reporting online. When you call, ask to report a heating or hot water violation to the New York City Department of Housing Preservation and Development (“HPD”), the municipal agency responsible for enforcing the housing law. If you call 311, you can complain about your own apartment, as well as heating and hot water everywhere. If you`ve ever waited for a subway in cold weather, you know how annoying it can be to be cold. Feeling cool in your own home is much worse, especially if your landlord doesn`t comply with New York`s heating law. During the last hot season, HPD inspectors pursued critical health and safety measures for New York homes at the height of the local COVID-19 outbreak, conducting more than 100,000 heat and hot water inspections. To see if there are any open heat and hot water violations in your building or to check the status of your heat and hot water complaint, visit HPDONLINE. Your first port of call should be to contact your property managers.

Your lease should specify the procedure for reporting damage or emergencies. Contact your property manager as outlined in your contract. According to New York`s heat laws, your property manager must repair the heat within 24 hours of receiving the report. If you`re a Renter in New York City, it`s important to know the heating season and your rights as a tenant. Make sure you understand what your landlord is responsible for when it comes to heating your apartment.