NYC Heat Season: 5 Critical Things Every Tenant Must Know

TL;DR: NYC heat season runs October 1 - May 31. Landlords must provide 68°F from 6am-10pm when outside temp is below 55°F, and 62°F overnight. Call 311 for violations, withhold rent through HP actions, and document everything for legal protection.

NYC Heat Season Requirements: The Law

Official Heat Season Dates:

• Start: October 1st (automatically)
• End: May 31st (automatically)
• Duration: 8 months of mandatory heat provision

Temperature Requirements by Law:

Daytime (6:00 AM - 10:00 PM):

• Indoor temperature: Minimum 68°F
• Trigger: When outside temperature falls below 55°F
• Measurement: Inside your apartment, not hallway

Nighttime (10:00 PM - 6:00 AM):

• Indoor temperature: Minimum 62°F
• Trigger: Regardless of outside temperature
• Applies: Every night during heat season

Legal Authority: NYC Housing Maintenance Code §27-2029

Know Your Heat Rights

What Your Landlord MUST Provide:

✅ Functioning heating system capable of meeting temperature requirements
✅ 24/7 heat availability during heat season
✅ Prompt repairs when system breaks down
✅ Alternative heat sources during emergency repairs
✅ Access for inspections by city officials

What You're NOT Required to Do:

❌ Pay for heat utilities (unless specifically in lease)
❌ Provide your own space heaters as primary heat
❌ Accept "it's an old building" as excuse
❌ Wait more than 24 hours for emergency heat repairs

How to Measure Temperature Correctly

Proper Temperature Measurement:

• Height: 4.5 feet above floor level
• Location: Center of room, away from windows/doors
• Duration: Leave thermometer for 5+ minutes
• Multiple readings: Check several rooms and times

Documentation Requirements:

• Time and date of each reading
• Room location where measured
• Outside temperature (use weather app)
• Photos of thermometer with timestamp

Recommended Tools:

• Digital thermometer with time/date display
• Smartphone weather app for outside temp
• Camera for documentation
• Written log of all readings

Step-by-Step: What to Do When There's No Heat

Immediate Actions (Day 1):

1. Document the Problem:

• Take temperature readings in multiple rooms
• Note time, date, and outside temperature
• Take photos of thermometer readings
• Start a written log

2. Notify Your Landlord:

[Date/Time]
[Landlord/Management Company]
[Method: Email/Text/Phone]

URGENT: No Heat - [Your Address], Apt [Number]

This is formal notice that there is insufficient heat in my apartment. Current indoor temperature is [X]°F, below the required [68°F daytime/62°F nighttime]. Outside temperature is [X]°F.

This is a violation of NYC Housing Maintenance Code §27-2029. Please arrange for immediate repair.

I am documenting this condition and will be reporting to HPD if not resolved within 24 hours.

[Your Name]
[Your Phone]

3. Call 311:

• Report heat violation immediately
• Get complaint number
• Request inspection
• Ask for timeline

If Problem Continues (Days 2-3):

4. File HPD Complaint Online:

• Visit: nyc.gov/hpd
• File complaint with documentation
• Upload photos if possible
• Request emergency inspection

5. Document Health Impacts:

• Note any health symptoms
• Take photos of visible breath indoors
• Document use of alternative heating
• Keep receipts for extra blankets/heaters

If Still No Resolution (Days 4-7):

6. Legal Action Options:

• HP Action in Housing Court: Forces landlord repairs
• Rent withholding: Through court escrow
• Emergency repairs: With rent deduction (risky without court)

Emergency Heat Solutions (Temporary)

Immediate Warmth Strategies:

Safe Temporary Heating:

• Electric space heaters (UL-listed only)
• Extra blankets and warm clothing
• Hot water bottles
• Warm beverages

Unsafe Methods to AVOID: 🚫 Oven heating (carbon monoxide risk)
🚫 Charcoal/propane indoors (deadly)
🚫 Unvented gas heaters (carbon monoxide)
🚫 Extension cord space heaters (fire hazard)

Health Protection:

• Dress in layers
• Keep moving to maintain circulation
• Stay hydrated with warm fluids
• Check on elderly neighbors
• Monitor for hypothermia signs

Housing Court: HP Actions for Heat

When to File HP Action:

• Heat violation continues more than 72 hours
• Landlord unresponsive to complaints
• Pattern of heat problems
• Health impacts from cold

HP Action Benefits:

• Court orders landlord to make repairs
• Rent reduction possible
• Attorney fees may be awarded
• Creates legal record of violations

How to File:

1. Visit Housing Court (locations vary by borough)
2. Bring documentation: Photos, temp logs, 311 reports
3. File petition: Usually same day
4. Court date scheduled: Typically within 2 weeks
5. Landlord must respond or face default judgment

Cost: Free to file HP actions

Rent Withholding for Heat Issues

Legal Requirements:

• Must deposit rent in court escrow
• Cannot just stop paying rent
• Must follow proper procedure
• Document violation thoroughly

Escrow Process:

1. File HP action in Housing Court
2. Judge authorizes rent withholding
3. Deposit monthly rent with court
4. Landlord gets money after repairs completed
5. Rent reduction possible for time without heat

WARNING: Never withhold rent without court order - leads to eviction.

Heat Violations: Enforcement and Penalties

HPD Inspection Process:

• Response time: 24-48 hours for heat emergencies
• Inspector visits: Measures temperature, issues violations
• Violation notice: Posted on building
• Cure period: Usually 24 hours for heat

Landlord Penalties:

• $250-500 per day for heat violations
• $1,000+ for repeat violations
• Criminal charges for willful violations
• Emergency repairs at landlord expense

Tenant Protection:

• No retaliation for reporting violations
• No eviction for filing heat complaints
• Right to legal representation in court
• Protection against harassment

Special Circumstances

Rent-Stabilized Apartments:

• Same heat requirements apply
• Cannot be evicted for heat complaints
• May qualify for rent reduction
• Succession rights unaffected by violations

Senior/Disabled Tenants:

• Priority HPD response
• Enhanced health protection considerations
• May qualify for emergency relocation
• Additional social services available

Buildings with Central Heat:

• Landlord responsible regardless of system type
• Cannot blame "other tenants" for problems
• Must maintain system for entire building
• Individual apartment measurements still apply

Preventing Heat Problems

Before Heat Season (September):

• Test heating system
• Report any issues immediately
• Document current condition
• Know your building's heating schedule

During Heat Season:

• Monitor temperature regularly
• Report problems immediately
• Document everything
• Know your rights and options

Red Flags to Watch:

🚩 Landlord delays heat system maintenance
🚩 Building has history of heat problems
🚩 Requests to "wait and see" if it gets warm
🚩 Claims heat system is "adequate" when it's not

Resources and Contacts

Emergency Reporting:

• 311: Heat violations, HPD complaints
• Emergency heat issues: 311 (24/7)
• Carbon monoxide emergencies: 911

Legal Assistance:

• Housing Court Help Center: Legal support and guidance
• Met Council on Housing: Tenant organizing and advocacy
• Legal Aid Society: Free legal representation
• Tenant hotlines: Available in multiple languages

Government Agencies:

• HPD: 311 or nyc.gov/hpd
• Department of Buildings: 311
• Office of Emergency Management: 311

Temperature Log Template

NYC HEAT VIOLATION LOG

Date | Time | Room | Indoor Temp | Outdoor Temp | Notes
-----|------|------|-------------|--------------|-------
[Date] | [Time] | Living Room | [Temp]°F | [Temp]°F | [Conditions]
[Date] | [Time] | Bedroom | [Temp]°F | [Temp]°F | [Conditions]

Landlord Notifications: [Date/Method/Response]
311 Reports: [Date/Complaint #]

Stay Warm and Know Your Rights

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