What is the NYC Heat Law?

While finding an apartment in New York City with the proper amenities can be difficult, it is important to remember what you have the right to as a tenant in New York City. For example, having access to heat and hot water during the winter is a right, not an amenity. Here’s a run down of your rights as a renter according to the New York City Heat Laws:

The NYC Heat Law Explained

During what is known as the “heating season”, landlords are required to provide both hot water and heat to all of their tenants. This heating season lasts from October 1st to May 31st. Additionally, regardless of the time of year, New York City heat regulations state that between the hours of 6am and 10pm, the temperature inside of your unit must be at least 68 degrees Fahrenheit when the temperature outside drops below 55 degrees. Between 10pm and 6am, the temperature inside of your unit is expected to be at least 62 degrees Fahrenheit. If your landlord does not give you the ability to heat your unit to these temperatures, they are violating your rights as a tenant.

What To Do If Your Apartment Has No Heat

If you find that your apartment does not have any heat, whether it be due to a broken appliance or simply not having any heating methods, you should follow the protocol stated on your lease for reporting damages or emergencies. You will likely have to contact your property manager, in which case they are legally required to fix your heating issues within 24 hours of receiving the report.

If your property manager fails to do so, you may call 311 and make a New York City heat complaint. You may also withhold rent, whether it be its entirety or a fraction of it, however this can be a tricky situation. Your landlord will likely take you to court and sue for non or partial payment of rent, therefore you must be sure that if you are going to withhold rent, you have proper evidence to prove why you have made this decision. You may want to consult a legal counsel before taking this step, or you may put yourself in danger of eviction.

The NYC Heat Law Protects Renters…

New York City rent laws, such as the heat law, are put in place to protect its renters, especially during the colder months. Landlords are expected to provide their tenants with hot water all year around as well. While 68 or 62 degrees may be too hot or too cold for some, this is simply a general consensus to ensure renters are given proper heating. If you find that your unit is still too cold or too hot, you may want to look into investing in space heaters, air conditioning, fans, or even a thermostatic radiator valve, which can help regulate the amount of heat that comes out of your radiators.

… And So Does Outerbridge Law

If your landlord hasn’t provided heating for your apartment despite your requests and complaints, you may have a legal case. However, before withholding rent or escalating the situation, you may want to consult with an attorney.

Outerbridge Law is a landlord tenant attorney who has protected the rights of renters for years. To find out if you have a case, contact Outerbridge Law today to schedule an initial consultation.