As the colder months approach, New York City tenants should be aware of their rights regarding heat and hot water services.
Between October 1 and May 31—what is known as “Heat Season”—building owners are legally required to maintain certain indoor temperatures to ensure tenants’ comfort and safety. According to the New York City Housing Preservation and Development (HPD) and NYC 311, the regulations are clear: during the day (6 AM to 10 PM), if the outdoor temperature falls below 55°F, the indoor temperature must be at least 68°F. At night (10 PM to 6 AM), regardless of the outside temperature, the indoor temperature must be at least 62°F.
In addition to heat, building owners are also required to provide hot water 365 days a year at a minimum temperature of 120°F. These provisions aim to safeguard tenants from health risks associated with inadequate heating or water temperature, particularly in the colder months.
Tenants who are experiencing issues with heat or hot water are encouraged to first reach out to their landlord or managing agent to resolve the problem directly. If the issue is not resolved, tenants can file a complaint with NYC 311, either online or by calling 311.
As per the NYC 311 website, the process is straightforward: contact the landlord first to address the issue, then file a complaint with 311 if it persists. If the problem remains unresolved, HPD will send an inspector to verify the complaint. If a violation is confirmed, the owner may face penalties or further enforcement actions.
According to HPD, penalties for violations can be steep. For each heat or hot water violation, building owners can face initial fines ranging from $250 to $500 per day. Subsequent violations within the same season can lead to penalties of $500 to $1,000 per day.
If an owner fails to address the violation after receiving a notice, HPD may step in through the Emergency Repair Program (ERP) to restore essential services. The cost of repairs will then be charged to the owner, who may face additional fees, interest, or tax liens if the payment is not made.
As of October 6, 2024, HPD reported 157 heat complaints, with 994 complaints filed so far this heat season. The day with the highest volume of complaints was October 2, 2024, when 194 complaints were filed. For tenants who have filed complaints, HPD will attempt to notify the building owner, inspect the premises if necessary, and issue violations if the problem persists.
To address ongoing heat violations, HPD also runs the Heat Sensors Program. Under Local Law 18 of 2020, buildings with a history of heat-related complaints are required to install internet-capable heat sensors in units. These sensors report temperature data directly to HPD, ensuring that building owners comply with heat regulations.
Tenants who continue to experience unresolved heat or hot water issues after filing complaints may take further legal action through Housing Court. Additionally, tenants in rent-regulated apartments may be eligible for additional support and protections. For those living in New York City Housing Authority (NYCHA) buildings, heat problems should be reported directly to the NYCHA Customer Contact Center, available 24/7.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
